1 Introduction and background 2 Applicant’s details and background 2 Sneakers & Jeans 5 Pirate Life Brewing 12 Overview of proposal 17 2 Locality 28 About Perth City 29 About the site 33 3 Manner of trade 37 The premises 38 Food & beverage services 40 Other services 42 Proposed trading conditions 44 4 Primary objects of the Act 45 Section 5(1)(a) 45 Section 5(1)(b) 45 Section 5(1)(c) 46 5 Harm or ill-health – section 38(4)(a) 52 At risk groups and sub-communities 52 Social health indicators 55 Strategies to be implemented to minimise harm or ill-health 57 6 Impact on amenity – section 38(4)(b) 58 Nature and character of the local community 60 How the proposed premises will fit into the amenity 62 Outlet density 63 Consultation 66 7 Offence, annoyance, disturbance or inconvenience – section 38(4)(c) 66 Business management plan 68 Strategies to combat offence, disturbance or inconvenience 68 8 Tourism, community or cultural matters – section 38(4)(ca) 68 9 Extended trading permit 72 10 Other matters 79 Security and safety 79 11 Conclusion 80

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Public Interest Assessment Pirate Life Perth

1 Introduction and background

1.1 This Public Interest Assessment (PIA) supports the application by PL Perth Pty Ltd (ACN 635 974 079) (Applicant) for the conditional grant of a tavern licence and extended trading permit authorising ongoing hours in respect of premises situated at 440 Murray Street, Perth. The proposed tavern will operate as Pirate Life Perth.

1.2 This PIA addresses all relevant aspects of the public interest in accordance with both the Liquor Control Act 1988 (WA) (Act) and the licensing authority’s Public Interest Assessment policy1 (PIA Policy).

1.3 The PIA document is broken up into sections which collectively address all aspects of what is required under the PIA Policy for an application for a tavern licence.2

1.4 This PIA is part of the Applicant’s Case and should be read in conjunction with the other parts and supporting material, all of which are itemised in the document titled ‘Index of Material Before the Director and Applicant’s Case’.

1.5 Where this document makes references to particular documentary material to support certain information and propositions, that material is cited by way of its document listing in the tables contained within the Index document (eg ‘(DOC 1)’).

Applicant’s details and background

1.6 PL Perth Pty Ltd was specifically incorporated by Andy Freeman for this project.

1.7 Pirate Life Perth is a truly “unique” opportunity for our city to house a spiritual home for Pirate Life Brewing in Western Australia. The founders of Pirate Life Brewing, who originate from Perth, specifically contacted Andy Freeman to ask him to be the operator and to open this Pirate Life branded venue.

1.8 Andy Freeman was seen as the best “fit” as he understands the importance of culture and has an intimate knowledge of the Perth hospitality scene as is evident from his successful portfolio of venues and his impeccable liquor track record.

1.9 According to Pirate Life Brewing:3

This venue is the first of what will hopefully become several lighthouse venues across Australia, allowing customers nationally to experience the Pirate Life for themselves, in person. Pirate Life Perth will be the Western Australian lighthouse for the Pirate Life brand.

1 Last amended 3 October 2018

2 Ibid

3 Pirate Life Letter (DOC 16.1)

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1.10 PL Perth Pty Ltd will operate as part of Andy Freeman’s hospitality group, Sneakers & Jeans. Sneakers & Jeans will join forces with Pirate Life Brewing (owned by CUB Pty Ltd) to create Pirate Life Perth at 440 Murray Street, Perth. PL Perth Pty Ltd will enter into an agreement with Pirate Life to operate under the Pirate Life brand. That said, PL Perth Pty Ltd will maintain full and complete as licensee and be responsible for all of the proposed tavern operations. There is to be no profit sharing arrangement or any other role by Pirate Life Brewing in the selling of liquor or other aspects of exercising the trading privileges of the tavern licence.

1.11 Whilst PL Perth Pty Ltd will operate the hospitality aspects of the venue, the microbrewery will be owned and operated by Pirate Life Brewing. The microbrewery will operate pursuant to a producer’s licence and while being on the same site at 440 Murray Street, it will operate entirely independently and discretely from the tavern and will not be within the licensed area of the tavern.

1.12 When the Pirate Life Perth concept was announced to the public on Monday, 23 September 2019, it created a significant amount of excitement and interest. This is evident from the following media outlets that immediately published news articles about the new venue:

1.12.1 WA Business News – A Pirate Life for Perth in 2020 (DOC 32.1);

1.12.2 Urban List – Get Ready, Perth CBD Is Set To Score A Huge Brewery With A Rooftop Garden (DOC 32.2);

1.12.3 Perth Now – Pirate Life Perth due to open in CBD in 2020 (DOC 32.3);

1.12.4 The West Australian – Pirate Life Perth due to open in CBD in 2020 (DOC 32.4);

1.12.5 Brews News – Pirate Life to open 1,000-capacity brewpub venue in Perth (DOC 32.5);

1.12.6 The Lead – Pirate Life to open brew bar in Perth (DOC 32.6);

1.12.7 Australian Bartender – Andy Freeman’s Sneakers & Jeans group to open Pirate Life Perth (DOC 32.7); and

1.12.8 So Perth – Pirate Life Brewery is coming to Perth CBD in 2020 (DOC 32.8).

1.13 In addition to the various media articles, many prominent people have gone to the time, trouble and effort to write letters in support of the proposal. Those people that have provided letters of support include for example:

1.13.1 Bradley Woods, CEO of the Australian Hotels Association in Western Australia (DOC 16.4);

1.13.2 Peter Brampton, General Manager of The Westin Perth (DOC 16.5);

1.13.3 John Carey, State Member for Perth (DOC 16.8);

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1.13.4 Brodie Carr, Managing Director of Tourism WA (DOC 16.2) and

1.13.5 Tabitha McMullen, City of Perth (DOC 16.3).

1.14 In order to address matters of public interest, the Applicant made a questionnaire available to the public using the online tool known as Survey Monkey. The questionnaire detailed the Pirate Life Perth concept and then invited participants to complete the survey questions. An amazingly positive and almost immediate response was received from the public with 473 people completing the survey in little over a week. A copy of the questionnaire and the results are provided as part of the application documents (DOCS 14 & 15).4 The results of the questionnaire (analysed and calculated by Survey Monkey) are provided throughout the PIA in graphical form. For example, 470 people out of the 473 people who completed the questionnaire supported the tavern licence application and 469 out of the 473 likely to use the proposed services as can be seen from the graphs below.

4 Please note that the individual results of each survey can be provided to the licensing authority, however, number in excess of 2,000 pages

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Sneakers & Jeans

1.15 Andy Freeman is one of Australia’s leading hospitality professionals and is responsible for creating some of Western Australia’s most iconic hospitality venues.

1.16 Andy has been consistently named in the Australian Bartender Magazine’s Top 100 Most Influential List. The List is released biannually and in 2019, Andy was ranked as the 16th most influential hospitality professional in Australia as can be seen from the image below.5 It is a testament to Andy’s standing in the hospitality industry that he has made the List every year since its inception in 2009.

1.17 Andy’s hospitality group, Sneakers & Jeans, currently owns and operates venues such as Hadiqa, The Flour Factory and Varnish on King to name a few. Andy’s journey in the industry started with his tertiary studies in Hospitality and Tourism, after which he worked at various popular Western Australian venues and learnt the ropes in bartending and venue management. To further develop his skills, Andy moved to London and was employed at Marco Pierre White’s internationally renowned Titanic Bar. Under his management, the venue was voted the Number 1 bar in London.

5 DOC 31

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1.18 Over the last 20 years, Andy has shaped what is now one of the country’s best food and beverage scenes. Andy’s expertise and success are evident in the many venues that he has worked in, managed or established. These are detailed below:

1.18.1 C Restaurant and Bar – Whilst Andy was employed at C Restaurant and Bar, the venue won the Bars and Clubs Magazine Cocktail List of the Year 2001 and a Gold Plate Award. Andy was also a finalist for National Bartender of the Year.

1.18.2 Luxe Bar – Whilst Andy was employed as a bar trainer, the venue won several accolades on a national scale. Andy then purchased the business in 2007 and expanded on its success by building an adjoining outdoor amphitheatre. Known as bamBOO, the 250-pax amphitheatre was designed to hold live music performances. Andy sold the business nine years later to enable him to move on to other ventures.

1.18.3 Varnish on King – Andy created Perth’s first American whiskey bar. The basement bar/restaurant stocks an impressive range of over 200 American whiskeys. The venue won Small Bar of the Year 2014 (nationally) and Bar of the Year (State) at the annual Australian Bartender Magazine Awards. In 2015, the venue again won Best Bar Food (nationally). It is in the Australian Hotels Association hall of fame for Small Bar of the Year.

1.18.4 Darlings Supper Club – Andy helped establish the venue which opened in July 2014 at the heart of the Northbridge entertainment precinct. The venue welcomed over 2,000 patrons per week and was loved by all who dined there. Darling Supper Club was one of the first “new wave” venues promoting a cultural change in the entertainment precinct.

1.18.5 The Flour Factory – Another iconic venue in Perth’s cityscape established by Andy. Its name describes its origin. The historic site was converted into a 500-pax tavern across three levels. The venue comprises a rooftop bar known as The Sherry, a 250-pax function room, a ground floor restaurant and 15 metre long bar, as well as a basement kitchen and Raine Square courtyard.

1.18.6 Caballitos – The first and only tequila bar in the city. The intimate, Mexican themed small bar boasts a range of over 200 Mezcals and tequilas.

1.18.7 Hadiqa – Another trailblazing venue in Andy’s portfolio. The 440-pax tavern and rooftop bar is the first and only Arabic inspired venue in the city. It opened in May 2018 and has been widely embraced by the public and tourists.

1.18.8 Goody Twos – The Perth CBD’s first Japanese whisky bar. Andy teamed up with his friends Eamon Sullivan and Scott Bridger to open this basement venue serving up Perth’s best bar food and world class cocktails in Hibernian Place.

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Public Interest Assessment Pirate Life Perth

1.19 In addition to the venues listed above, Andy has also contributed to Perth’s hospitality scene in many other ways. For example:

1.19.1 With his aptitude for event management, Andy was engaged to coordinate and manage prestigious large-scale events such as Big Day Out, the Lion Nathan Roadshow, Johnny Walker Classic, Good Vibrations and the WA Launch of Bacardi Black.

1.19.2 He was appointed President of the Small Bar Association of WA in 2016 and actively participated in the Association for five years from 2012 to 2017.

1.19.3 In 2017, Andy spearheaded the “Let’s Thursday like it’s Friday” campaign. Over 50 venues came on board in the middle of the economic downturn, successfully boosting traffic into Perth City and generating over $8 million of new revenue into the local hospitality economy.

1.20 Andy’s genuine passion for the food & beverage industry motivates and inspires his fresh, innovative ideas and projects. His drive and talent is evident in the many awards he has won over the years. For example:

1.20.1 Andy won the World Champion title at the 2005 Cocktail World Cup, which involved 42 international competitors.

1.20.2 He was voted by the industry and the public as number 5 on the Australian Bartender Magazine’s Most Influential List in 2015. In that same year, he also won the national Most Outstanding Contribution award.

1.20.3 In 2017, he was named The West Australian Good Food Guide Hospitality Operator of the Year.

1.21 Andy’s reputation as one of Western Australia’s best hospitality operators is evident from the comments made in the letter from Tourism WA where is stated as follows (DOC 16.2):

PLP [Pirate Life Perth] will be the latest venture for Mr Andy Freeman, who is well known to Tourism WA with over 20 years of experience in the hospitality industry. Mr Freeman owns and runs highly regarded food and Beveridge venues including: Hadiqa, The Flour Factory, Luxe Bar, Cabillitos, Goody Two’s and Varnish on King. The restaurants and bars operated by Mr Freeman have been used by Tourism WA for familiarisation tours and marketing activities, presenting the best of WA’s vibrancy, scenery and local food and beverage offerings.

1.22 John Carey, the Member for Perth, has stated as follows about Andy’s reputation (DOC 16.8):

I understand that the applicant is an experienced and trusted operator with a number of successful Perth based operations of excellent repute, including Varnish, The Flour Factory, Caballitos, Hadiqa and Goody Two’s.

1.23 A copy of Andy’s biography is included with the application papers (DOC 18).

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Public Interest Assessment Pirate Life Perth

1.24 The following venues are currently managed by the Sneakers & Jeans group:

1.24.1 Varnish on King (11,000+ Facebook ‘Likes’ and 6,000+ Instagram ‘Followers’).6

1.24.2 The Flour Factory (9,000+ Facebook ‘Likes’ and 16,000+ Instagram ‘Followers’).7

1.24.3 Caballitos (6,000+ Facebook ‘Likes’ and 5,000+ Instagram ‘Followers’).8

1.24.4 Hadiqa (4,000+ Facebook ‘Likes’ and 10,000+ Instagram ‘Followers’).9

1.24.5 Goody Two’s (2,000+ Facebook ‘Likes’ and 3,000+ Instagram ‘Followers’).10

1.25 The above venues have won the following awards:

1.25.1 Varnish on King:

(a) Best Small Bar - Critic’s Choice - 2019 WA Small Bar Association;

(b) Venue Manager of the Year - 2018 AHA Awards;

(d) Bar of the Year - 2016 Australian Bartender Awards;

(e) Hall of Fame Small Bar Category - 2016 AHA Awards;

(f) Award for Excellence Small Bar Category - 2015 AHA Awards;

(g) Best Bar Food - 2015 Australian Bar Awards;

(h) Award for Excellence Small Bar Category - 2014 AHA Awards;

(i) Small Bar of the Year - 2014 Australian Bartender Awards; and

(j) Award for Excellence Small Bar Category 2013 AHA Awards.11

6 DOC 22 (Sneakers and Jeans Overview) p6

7 Ibid p8

8 Ibid p10

9 Ibid p12

10 Ibid p14

11 Ibid p6

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1.25.2 The Flour Factory:

(a) Finalist for Gin Bar of The Year - 2019 Bartender Magazine Australian Bar Awards;

(b) Highly Commended Conference & Functions - 2018 AHA Awards for Excellence;

(d) Finalist Gin Bar of the Year - 2016 Australian Bar Awards.12

1.25.3 Hadiqa:

(a) Award for Excellence Themed Venue Category – 2018 AHA Awards for Excellence.13

1.25.4 Goody Two’s:

(a) Nightclub of the Year Finalist – 2019 Australian Bartender Awards.14

1.26 The popularity of Andy’s venues is evident from their ratings on independent review websites such as Google, TripAdvisor and Zomato.

1.27 As can be seen in the images below, The Flour Factory receives 4.3 stars out of 5 on Google review from 582 reviews,15 4 out of 5 from 161 reviews on Tripadvisor16 and 4 out of 5 from 281 votes on Zomato.17

12 Ibid p8

13 Ibid p12

14 Ibid p14

15https://www.google.com/search?q=the+flour+factory&rlz=1C1GCEB_enAU772AU773&oq=the+flour+factory&aqs=chrome.. 69i57j69i60j69i59j69i60l3.2342j0j7&sourceid=chrome&ie=UTF-8#lrd=0x2a32bad46cdde50f:0x6f54fed654cfb655,1,,, Accessed 29 July 2019

16 https://www.tripadvisor.com.au/Restaurant_Review-g255103-d7284927-Reviews-The_Flour_Factory- Perth_Greater_Perth_Western_Australia.html Accessed 29 July 2019

17 https://www.zomato.com/perth/the-flour-factory-perth-cbd Accessed 29 July 2019

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1.28 Varnish on King receives 4.5 stars out of 5 from 570 reviews on Google,18 4.5 out of 5 from 183 reviews on TripAdvisor19 and 4.2 out of 5 from 333 votes on Zomato.20

1.29 Hadiqa receives 4.2 stars out 5 from 134 reviews on Google,21 four out of 5 from 85 reviews on TripAdvisor22 and 3.3 out of 5 from 51 votes on Zomato.23

18https://www.google.com/search?q=varnish+on+king&rlz=1C1GCEB_enAU772AU773&oq=varnish+on+king&aqs=chrome..6 9i57j69i60l2.2895j0j4&sourceid=chrome&ie=UTF-8 Accessed 29 July 2019

19 https://www.tripadvisor.com.au/Restaurant_Review-g255103-d4993682-Reviews-Varnish_on_King- Perth_Greater_Perth_Western_Australia.html Accessed 29 July 2019

20 https://www.zomato.com/perth/varnish-on-king-perth-cbd Accessed 29 July 2019

21https://www.google.com/search?q=hadiqa&rlz=1C1GCEB_enAU772AU773&oq=hadiqa&aqs=chrome..69i57j69i59j69i60l4.1 118j0j4&sourceid=chrome&ie=UTF-8 Accessed 29 July 2019

22 https://www.tripadvisor.com.au/Restaurant_Review-g255103-d14047936-Reviews-Hadiqa- Perth_Greater_Perth_Western_Australia.html Accessed 29 July 2019

23 https://www.zomato.com/perth/hadiqa-1-perth-cbd Accessed 29 July 2019

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Public Interest Assessment Pirate Life Perth

1.30 The above information clearly demonstrates that Andy Freeman is highly experienced and more than capable of bringing this concept to fruition. The experience of the Applicant’s director in creating well patronised venues should satisfy the licensing authority that Pirate Life Perth is highly likely to cater to the requirements of consumers for liquor and add diversity to the hospitality scene significantly. In this respect, the licensing authority may take into account the popularity of the Applicant director’s other associated venues when considering the likely popularity of this venue and its ability to satisfy the requirements of consumers for liquor.24 Based on the independent reviews above, it is clearly open to the licensing authority to find that this proposal will satisfy the requirements of consumers for liquor.

1.31 Andy’s reputation as one of Western Australia’s leading hospitality professionals is evident from the letter provided by the Australian Hotels Association which states as follows:25

Andy has a proven track record of running venues of a high standard that demonstrate his commitment to the proper development of the industry compliance with Liquor and other regulatory authorities. … Andy Freeman is a renowned operator of licensed premises in Perth and works with a team of experienced professionals in his venues. He has a considerable history of success and responsible management of his licensed premises.

We strongly support the application by this proven, successful professional which will enhance the development of the liquor, hospitality and tourism industry in WA, which will certainly be a positive addition to the tourism and entertainment precinct in the Perth CBD.

1.32 Andy has also impressed the operators of the Westin Perth with the quality of his venues within Hibernian Place. the General Manager of The Westin Perth states as much in his letter of support:26

I have known Mr. Freeman personally over the last two years, through my role as General Manager of the Westin Perth, and his involvement in the Hibernian Place

24 Woolworths Ltd v Director of Liquor Licensing (2013) 45 WAR 446 [76] (Buss JA)

25 DOC 16.4

26 DOC 16.5

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complex, which also hosts the Hotel. Mr. Freeman has demonstrated his ability to create and operate quality, world-class venues within Hibernian Place, with both the Hadiqa Rooftop Restaurant & Bar, and the Goodie Two’s Club. We have not experienced any noise or venue issues. Feedback on both these venues from our Hotel guests has always been positive, and I would expect the same positive comments from the new Murray street venue.

1.33 Further information about Sneakers & Jeans can be obtained from its website at http://sneakersandjeans.com.au/ and the Sneakers & Jeans overview document which is included as part of the application documents (DOC 22).

Pirate Life Brewing

1.34 Pirate Life Brewing (or simply Pirate Life) is a craft brewing company that started in South Australia in 2014. Pirate Life experienced such significant growth that it was acquired in 2017 by Anheuser-Busch InBev (also known as AB InBev), the world’s largest brewer. AB InBev also owns and operates Carlton and United Breweries (CUB Pty Ltd). CUB Pty Ltd is responsible for operating Pirate Life Brewing in Australia on behalf of AB InBev.

1.35 After Pirate Life had been purchased by AB InBev, the brand expanded by opening a new brewery in Port Adelaide which quadrupled its brewing capacity to 11 million litres per year.

1.36 Pirate Life Brewing has quickly developed an enormously loyal following of craft beer enthusiasts. In five years, Pirate Life has become one of Australia’s largest and most popular craft breweries. Amazingly, Pirate Life has experienced around 200% annual growth since it was founded in 2014.

1.37 The brand’s core value is to “Live the Life of a Pirate” by doing what you want, how you want, with who you want.

1.38 The following background is provided in the Pirate Life Trade Presenter document (DOC 33):

The story of Pirate Life begins in the far northeast corner of Aberdeenshire, Scotland in a town by the name of Fraserburgh. A town which for most of the 20th century was famous for The Museum of Scottish Lighthouses. All this changed in 2007 when a couple of Fraserburgh locals decided to build a brewery in this small fishing village north of Aberdeen by the name of Brewdog. It was in this cold, rainy and very windy town that Jack, Red and MC found themselves a few years later, Jack and Red brewing in Fraserburgh and MC helping open Brewdog's very first bar in Aberdeen. Amid the Scottish winter, while drinking beers in this newly opened bar, three West Australians began to dream of one day opening their own brewery in Australia. In the three years since opening, Pirate Life has expanded quickly. Our beers launched in every state of Australia and have travelled beyond our nation's borders to NZ, Hong Kong, Singapore and the UK to name a few. Where there were seven tanks in the Hindmarsh warehouse there are now thirty and the packaging hall has expanded to the neighbouring block. The original crew of Jack, Red and MC has become forty strong and is growing fast. We have managed to build a team of dedicated, hard working people and it’s only going to grow bigger.

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Public Interest Assessment Pirate Life Perth

1.39 In terms of its future, Pirate Life states as follows in its Project Plan (DOC 26):

In 2017, in order to meet increasing demand, Pirate Life was sold to AB InBev, the world’s largest brewer. However, the original trio MC, Jack & Red, along with the Pirate Life Crew, aren’t going anywhere. After acquisition, plans quickly kicked off for expansion to the state-of-the-art Port Adelaide site. The new $15 million brewery, once home to 19th century wool stores will allow Pirate Life to quadruple their annual production to 11 million litres.

In addition to the new brewery, Pirate Life Port Adelaide will the home of a new 300 seat hospitality site which will showcase Pirate Life’s experimental brews. The Hindmarsh site will remain and will be the innovation hub to add to their long list of core range products including Pale, Throwback IPA, IPA, Stout, Mosaic, Pilsner and Port Local Lager. At Pirate Life they believe good beer plays a big part in enriching lives and that’s something they want to share with anybody’s nose and taste-buds that are willing to tune in.

1.40 As mentioned above, the company began brewing beer in its premises in Hindmarsh, South Australia but has recently moved into significantly larger premises in Port Adelaide (pictured below).27

27 https://www.afr.com/business/retail/fmcg/worlds-biggest-brewer-anheuserbusch-inbev-buys-pirate-life-20171130-gzvpft Accessed 29 July 2019

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1.41 Indeed the Pirate Life premises in Port Adelaide was seen as being so important to the local economy that the South Australian government contributed $2million in funding to the construction of the brewery and bar.28

1.42 In terms of tourism and visitor experience at the Port Adelaide site, Pirate Life states as follows in its letter:29

Pirate Life’s “spiritual home” in Port Adelaide is more than a brewpub; it is an experience centre where Pirate Life shares their passion for the craftsmanship of their beer. It is a place where everyone—individuals, friends or family, beer geeks or just curious locals—is welcome and where we put excellent customer service absolutely as our top priority. Although the venue has only been open for a few months, we have an average rating of 4.92 stars out of 5 across all review sites (from over 935 reviews) which is record high for any hospitality venue in Adelaide, and even Australia.

Below is a snapshot of the latest reviews we have received:

A9551TUjessicag 08/16/19 Trip advisor

“Do The Tour! Absolutely 100% recommend doing the tour. The passion the team have for what they do and how they do it is second to none! So not only is the beer delicious, food great, atmosphere fantastic and staff welcoming ... you get educated as well!”

kathymat17 08/06/18 Trip advisor

“Went here here thinking I was just going to see a brewery. What a surprise. Variety of beer was huge. Onsite barber for the hipsters and mobile food truck for a feed if needed.

Couldn’t believe how many families and young couples were there. Brewery tours available as well as souvenirs.

28 https://www.theshout.com.au/news/sa-government-backs-pirate-lifes-new-brewery/ Accessed 19 August 2019

29 Pirate Life Letter (DOC 16.1)

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Come along and enjoy not only the beers but the entire experience.

William Jones GOOGLE 07/07/19

“Incredibly friendly staff, plus it helps that the food and beverages are tip top! Great day out with friends and family” 

On a tourism and activation front, we are all about working together and driving more interstate tourism to Port Adelaide. Pirate Life brewery has already become a “must do” for every tourist trip in Adelaide. There is a year long activation plan for the venue, where we invite local businesses and food suppliers to come and celebrate what is great in life. Great beer and food shared with your loved ones in a exciting, educative environment.

1.43 The new Pirate Life venue in Port Adelaide has clearly been a significant success both for the company but also the South Australian tourism industry. Pirate Life Perth is expected to have similar benefits for the Western Australian tourism industry.

1.44 Pirate Life Brewing has created numerous craft beer varieties such as Pale Ales, Indian Pale Ales, Imperial Indian Pale Ales, Stouts and Golden Ales to name but a few. However, its core four beers are shown below.

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1.45 In addition to its core range, Pirate Life is continually evolving its product and pushing boundaries. Some of the more experimental varieties that have now become stable parts of the Pirate Life product line are shown below.

1.46 Pirate Life Brewing has become one of the nation’s most awarded craft brewers. The list below provides a snapshot of the numerous awards won by Pirate Life and its products:

1.46.1 2016 Best Mid-Strength Beer - Australian International Beer Awards30

1.46.2 2017 Brewer of the Year – Oceania at the International Beer Challenge31

1.46.3 2017 Gold Medal (Pirate Life Double IPA) - International Beer Challenge32

1.46.4 2017 Best Craft Brewery in Australia - Australian Craft Beer Survey33

1.46.5 2018 Champion Beer (Pirate Life Mosaic) - Perth Royal Show Beer Awards34

1.46.6 2018 Best Pale Ale Packaged (Mosaic) - Perth Royal Show Beer Awards35

1.47 In total, Pirate Life beer has won well over 150 awards. A full list of the awards won by Pirate Life is provided as part of the application (DOC 24).

1.48 In terms of Pirate Life’s future, considerable expansion is planned. Pirate Life has already constructed and moved into its new $15 million brewery in Port Adelaide and it now proposes to open its flagship venue in Western Australia, Pirate Life Perth.

30 https://www.theaustralian.com.au/life/food-drink/beer-awards-gage-roads-stone--wood-two-birds-pirate-life/news- story/646a0d8efe52f45792209460c781e47c Accessed 19 August 2019

31 https://internationalbeerchallenge.com/internationalbeerchallenge2019/en/page/2017-results Accessed 19 August 2019

32 Ibid

33 http://www.drinkscentral.com.au/4751?Article=pirate-life-voted-australias-best-craft-brewery Accessed 19 August 2019

34 https://craftypint.com/news/1847/Perth_Royal_Beer_Awards_Winners_2018 Accessed 19 August 2019

35 Ibid

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1.49 The AHA has commented as follows about the introduction of the Pirate Life brand into Western Australia by virtue of this project (DOC 16.4):

The Pirate Life brand is already a proven tourism attraction in Port Adelaide breathing new life into what was essentially a forsaken area of the city turning an abandoned wool shed into a vibrant hospitality precinct. Based on the quality and character of his other venues, I believe the grant of this application would add to the amenity and vibrancy of the Perth CBD precinct.

1.50 Pirate Life co-founder, Jared Proudfoot, known as Red is reported as stating as follows about the Pirate Life Perth concept (DOC 32.5):

Almost five years since we moved to Adelaide to set up Pirate Life, its bloody exciting to have this opportunity to spend some time back in WA and set up a shiny new brewpub with Andy and his team. We will be brewing beers exclusive to the venue and continually challenging our brewers to pump out regular one-off brews pushing the boundaries of what beer can be.

Overview of proposal

1.51 Perth’s first Pirate Life venue will be a colourful, creative and passionate addition to the burgeoning hospitality scene in Western Australia. Pirate Life Perth will be the first stand alone Pirate Life venue outside of South Australia.

1.52 The introduction of Pirate Life Perth will be somewhat of a home coming for the creators of Pirate Life as all three are West Australians. Brewing beers onsite for sale and distribution to the Perth market as well as the creation of numerous original and unique “never before seen” beers, Pirate Life Perth will be a much welcomed addition to Perth. For example, Pirate Life Perth may brew a “Wildcats” beer in conjunction with the Perth Wildcats during basketball season.

1.53 Pirate Life Perth is intended to be capable of trading from 7am to 1am on Monday to Saturday and from 10am to midnight on Sunday. However, the actual trading hours are likely to be less than this. The premises will have a capacity of approximately 950 patrons.

1.54 There will be three levels to the venue, the mezzanine level (52.80m2), the ground floor (751.85m2) and the basement level (751.98m2). The mezzanine level is depicted below and will provide a 19 seat private boardroom to be known as the “Piranha Room”.

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Public Interest Assessment Pirate Life Perth

1.55 The Piranha Room will overlook the lounge bar below and will be able to see into the brewery tanks on the basement floor which will form part of the proposed producers licence.

1.56 The ground floor is shown below and will be split up into a number of different areas as follows:

1.56.1 Bar Lounge (103.05m2)

1.56.2 Bar and Retail area (51.37m2)

1.56.3 Private Dining Room (17.37m2)

1.56.4 Open kitchen (117.32m2)

1.56.5 Dining Area (108.00m2)

1.56.6 Outdoor Bar and Seating Area (226.38m2)

1.57 Artist impressions of the ground floor lounge bar and retail area are pictured below.

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Public Interest Assessment Pirate Life Perth

1.58 The basement floor, where the microbrewery will be housed (which is subject to a producers licence application by CUB Pty Ltd) is shown below. It will also be split into a number of different areas as follows:

1.58.1 Tap Room (tavern licence) (37.70m2)

1.58.2 Brewery Area (producer’s licence) (170.61m2)

1.58.3 Outdoor Bar and Seating (tavern licence) (167.87m2)

1.58.4 Unlicensed back of house areas including an office space.

1.59 The proposed layout of the licensed areas on the basement floor are shown below.

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1.60 There are dedicated stairs located which will take patrons down into the dedicated Tap Room from the ground floor. The Tap Room will be used for beer tastings, educational classes, masterclasses and private functions.

1.61 The separate licensed areas (tavern and producer’s) will be able to operate entirely independently of one another with each having its own access. The tap room will be accessed directly from the ground floor via a dedicated stairway. The producer’s licence will be accessed directly through the loading dock (outlined in green on the plan above) which will be unlicensed and the outdoor area on the basement level will be accessed via two separate stairwells and a lift from the ground floor bar area. This arrangement was discussed with an inspector of the licensing authority prior to lodgement and the inspector’s feedback was incorporated into the design with the addition of the second rear stairwell into the outdoor space at the rear of the property. There should be no concerns with respect to dual licensing or tenure with regard to the tavern and producers licence applications given that both areas will operate independently of each other and the individual licensees will have exclusive tenure over their respective licensed areas.

1.62 Located at 440 Murray Street, the premises previously operated as the Sony store. However, the premises have been vacant for many years. Pictured below is the façade of the building as it was when it was vacant. This is to be contrasted with the following image which is an artist impression of the façade once completed. The grant of the licence will ensure that this currently vacant, bordered up building will be redeveloped and reactivated. The grant of the licence will significantly improve the street frontage and amenity of Murray Street as is evident from the images below.

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1.63 The microbrewery area to be operated by Pirate Life Brewing under a separate producer’s licence will be housed on the lower level of the premises, beneath street level, and licensed separately under a producer’s licence. In addition to producing Pirate Life’s core range of award winning beers, the 10 hectolitre microbrewery will focus on producing innovative on-off brews, as well as exclusive collaborations with local organisations.

1.64 There is also significant space at the rear of the premises which is currently used as a car park. This space will be transformed into a beer garden. The rear of the premises is identified in the aerial image below in yellow.

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1.65 The rear of the premises in its current form is pictured below.

1.66 The above area will be completely overhauled in order to transform it into the outdoor bar area on the ground floor.

1.67 In terms of the interior design and aesthetic of the premises, the following design boards provide an indication as to the materials to be used and the intended style of the venue.

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1.68 A draft drinks list is provided as part of the application papers. Needless to say, the only beer to provided on site will be Pirate Life products. The core range of Pirate Life products will be on tap at all times with specialty and seasonal brews to be tapped on a rotating basis. In addition to Pirate Life beer, a full range of wine, spirits and cocktails will be available at the venue.

1.69 An open plan feature kitchen serving fresh top-shelf butchered & grilled meats, a vast range of unique and exciting salads, food and other delicacies will operate during virtually all trading hours. A draft menu has been provided as part of the application papers and includes the following items, by way of example:

Front Bar Menu Freshly shucked oysters 4.5ea Marinated mixed olives 7 House made pickles 5 Sourdough bread and cultured butter 8 Witlof with hummus 12 Cured swordfish belly, sour cream and saltbush 21 Lamb tartare, fermented chilli, cured yolk 21 Cheese selection 28 Back Bar menu Freshly shucked oysters 4.5ea Marinated mixed olives 7 House made pickles 5 Spiced almonds 5 Duck liver parfait, chutney 24 Asparagus, ricotta, cured yolk (GRILL) 19 Bastard peppers, macadamia (GRILL) 15 Savoy cabbage, lemon, herbs 14 Shark Bay prawns, salsa verde (GRILL) 12ea Flank Steak, onion, chimmi churri (GRILL) 36 Restaurant Menu Cured swordfish belly, sour cream and saltbush 21 Lamb tartare, fermented chilli, cured yolk 21

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Local prosciutto, pickled chilli 16 Torbay asparagus, fresh curd, cured yolk 21 Fish of the day, clams, broadbean, sugar snap 36 Tomahawk, hosue mustard, lemon 15 / 100gm Dry aged scotch fillet, house mustard, lemon 42 / 250gm Marshmallow, geralton wax sherbert 12 Strawberry and cream 16 Pizza Kitchen Classic cheese, fresh mozzarella, basil 18 Pork and fennel sausage 24 Asparagus, tomato, goats curd 21

1.70 The Applicant believes there is a significant void within the CBD in terms of a premier steakhouse. Pirate Life Perth intends to fill this void serving up its signature “tomahawk”. Food will play a significant part in the Pirate Life Perth experience with the open plan kitchen ensuring that the preparation of meals within the venue is a spectacle in its own right.

1.71 The significant 117m2 kitchen on the ground floor and its prominence within the venue is evident from the plan below.

1.72 A secondary kitchen will be installed on the basement floor, which will have a dedicated pizza oven as seen in the image below.

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1.73 Pirate Life Perth will be the ideal place to meet friends for a meal or casual drink. There will be a space to suit a wide variety of needs and tastes, whether it’s the alfresco area at the rear of the premises, a tasting session underneath the main bar or a meal inside. Pirate Life Perth will be well equipped and designed to cater to all its customers’ needs.

1.74 Pirate Life’s Port Adelaide premises attracts large numbers of tourists to the port city. It is anticipated that Pirate Life Perth will become a tourist “must see” when coming to Perth in much the same way. Relevantly, Pirate Life states as follows in its letter:36

It will be a huge tourist drawcard; “must see” in the city, offering more than any brewery/brewpub in Western Australia. Locals will enjoy the variety and constantly evolving and changing brews it will be creating (with over 30 different brews per year). It will be an education centre, function centre, art hub, butcher, brewery, restaurant, bar and meeting place. It will be a welcomed, unique offering and impossible to compare to any other city “breweries”. Local artists sprawling works across sweeping walls, a brew kit sitting above the ground floor revellers so the punters can watch the master brewers at work. The ability to buy take-away beers and meat from “Bones”, the in-house butchery, makes it a great local for anyone residing in CBD or just wanting to take something back to their hotel room or serviced apartment.

1.75 Relevantly, the Member for Perth, John Carey, is also of the opinion that Pirate Life Perth is highly likely to become a tourist drawcard as stated in his letter:37

This proposed new licensed venue represents a potential tourism drawcard for our city: providing a distinct offering for both residents and visitors alike, and creating a new vibrant and dynamic destination in the city.

1.76 Importantly in terms of Pirate Life Perth’s ability to cater to tourists, there are six hotels within 200 metres of the site, namely:

1.76.1 Novotel Perth Murray (opening soon)

1.76.2 Peppers King Square

1.76.3 Dorsett Hotel (opening soon)

1.76.4 Four Points by Sheraton

1.76.5 Melbourne Hotel

1.76.6 Quest West End

36 Pirate Life Letter (DOC 16.1)

37 DOC 16.8

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1.77 The location of the above hotels are identified in the map below. The Pirate Life logo identifies the location of the proposed premises and the numbers indicate the location of the hotels as listed above.

1.78 Based on the South Australian experience, Pirate Life merchandise will be highly sought after. Pirate Life Perth will stock the full array of Pirate Life gear available for purchase. T-shirts, jumpers, hats, stubbie holders and even skate decks will be sold onsite and some examples are provided below.

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1.79 Shrouded in colourful art installations, some of which are shown below, Pirate Life Perth will be one of a kind.

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2 Locality

2.1 The PIA Policy does not specify a standard radius for a city-location locality. The Applicant has weighed up all of the relevant factors and determined its own locality.

2.2 Having regard to the assessment factors contemplated in the PIA Policy and its definition of what a locality is, the Applicant has concluded that an appropriate locality for this tavern licence application to be a 2km radius area surrounding Pirate Life Perth.

2.3 Depicted below is a map showing the 2km radius area with the three key suburbs highlighted. Those are Perth, West Perth and Northbridge. Collectively, these three suburbs form the area that the Applicant considers is “the area most likely to be affected by the granting of [this] application in relation to amenity issues.”38

2.4 Nearly one-third of the Locality includes Kings Park and the Swan River. In addition to West Perth, Perth and Northbridge, very small parts of Subiaco, Leederville, West Leederville, North Perth, Highgate, South Perth and East Perth also fall within two kilometres of the premises. For the purposes of analysing the Locality to address the PIA Policy, these seven suburbs have been excluded as collectively they only account for a very small portion of the 2km radius area and more importantly, are unlikely to be affected by the granting of this application.

2.5 The City of Perth is the local government area for the Locality.

38 PIA Policy

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About Perth City 2.6 This Locality is very familiar to the licensing authority. It is Perth’s Central Business District (CBD) – a densely built-up and bustling modern city.

2.7 Perth is described as a “lifestyle city”, as the following extract explains:39

2.8 The Locality is dominated by the hype of activity attributed to the city workforce, retail stores and shopping plazas, tourist attractions, busy city streets, hotels, dining and entertainment precincts and a myriad of businesses of varying sizes, types and operations. The main features and landmarks of the Locality include the following:

2.8.1 Perth City Link, including Kings Square and Yagan Square.

2.8.2 Raine Square.

2.8.3 Elizabeth Quay.

2.8.4 Perth Convention and Exhibition Centre.

2.8.5 Perth Arena.

2.8.6 State Theatre Centre.

2.8.7 His Majesties Theatre Wilson Parking – Murray Street.

2.8.8 Hotels (such as Melbourne Hotel, Intercontinental Hotel, NV Apartments, Novotel Perth Murray).

39 https://www.perth.wa.gov.au/future-perth/the-lifestyle-city (accessed 16 July 2019)

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2.8.9 Mixed-use precincts (such as Brookfield Place, Raine Square, Yagan Square and 140 William).

2.8.10 Public transport facilities, including the Wellington Street bus station, Perth train station and Elizabeth Quay bus port and train station.

2.8.11 High-rise commercial buildings, such as QV1 and Woodside.

2.9 The proposed Pirate Life Perth is just a few hundred metres away from Perth City Link and Raine Square. Perth City Link was developed to “reconnect the CBD with Northbridge for the first time in more than 100 years. The area…will become an exciting new destination with housing, shops, restaurants, offices and more.”40

2.10 The proximity of Pirate Life Perth to the Perth City Link is evident from the images below. 41

40 https://www.mra.wa.gov.au/projects-and-places/perth-city-link/vision

41 http://cdn.mra.wa.gov.au/production/documents-media/documents/central-perth/perth-city-link/file/master-plan-map.pdf

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2.11 Perth City Link is a remarkable district, described as virtually “a new inner city neighbourhood”42 in itself. Various components of Perth City Link were completed in stages over the years, such as Perth Arena, Kings Square and the new Wellington Street bus station. Yagan Square was unveiled and opened to the public in March last year and was said to be “Perth’s newest entertainment precinct” and the “new heart of Perth”.43

2.12 An artist’s impression of the Perth City Link once complete is pictured below.44

2.13 The newly refurbished and redeveloped Raine Square also opened to the public in September 2018. The works included restoration of the Royal and Wentworth heritage buildings and a $75 million “cinema, shop, food and lane way extravaganza”45. One of the key highlights of the redevelopment was the impressive new luxury cinema complex, Palace Cinemas, which marked “the return of the cinematic experience to Perth CBD”.46

42 https://www.mra.wa.gov.au/projects-and-places/perth-city-link/vision

43 http://www.abc.net.au/news/2018-03-03/yagan-square-opens-in-perth/9505952

44 https://www.mra.wa.gov.au/projects-and-places/perth-city-link/vision

45 https://thewest.com.au/business/commercial-property/cinema-stars-to-bring-new-life-back-to-perths-cbd-with-start-of-raine- square-work-ng-b88573154z

46 https://www.palacecinemas.com.au/opening-soon-cinemas/palace-raine-square/

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2.14 In the last two years alone, there has been ongoing development and construction throughout the city as the area continues to undergo a rapid modernisation and urbanisation. Raine Square, Yagan Square and Hibernian Place are just a few examples. To support the effort to increase the tourism industry and prepare for a future surge in visitation, a number of new and refurbished hotels have recently opened, with several more in the pipeline. For example:

2.14.1 New hotels (opened since 2017)

(a) The Westin Perth

(b) QT Perth

(d) DoubleTree by Hilton Northbridge

(e) Quay Hotel (formerly The New Esplanade Hotel)

(f) Melbourne Hotel (re-opened 2018)

2.14.2 Upcoming:

(a) Ritz-Carlton (at Elizabeth Quay)

(b) DoubleTree by Hilton, Perth Waterfront

(d) The Adnate, an Art Series hotel by Accor.

(e) Dorsett Hotel

2.15 Pirate Life Perth will be an attractive destination for those tourists and corporate travellers staying in the many hotels listed above. As is evident from the image below, many of the respondents to the survey believe Pirate Life Perth will be a positive and beneficial development for the Perth tourism industry (DOC 14).

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Public Interest Assessment Pirate Life Perth

2.16 The following comments from Tourism WA confirms that Pirate Life Perth is expected to enhance the visitation experience and therefore produce significant tourism benefits for the local industry.47

The Pirate Life Brand is a proven asset; in Port Adelaide it breathed new life into an unused area of the city, transforming an abandoned wool shed into a vibrant hospitality precinct.

…

Research conducted by Tourism WA in 2017 indicated a key driver of visitation to a tourism destination or precinct is that there is a range of venues/activities available. For Perth CBD to remain a vibrant destination, there is a need to continue to add to the diversity and vibrancy of offerings, and the PLP [Pirate Life Perth] will deliver this experience to locals and visitors alike.

2.17 The comments of Peter Brampton, the General Manager of the Westin Perth, are also highly relevant in this regard. Mr Brampton has stated as follows (DOC 16.5):

The revitalization and re-development of the west end of Perth has been an important step in the ongoing rejuvenation of the CBD. This progress enhances the Tourism and Leisure facilities of our City. In my experience, tourists staying at the CBD Hotels are often looking for close amenities and dining outlets. This new venture would be a welcome addition to the current City offerings.

The planned development of ‘Pirate Life’ would add to this enhancement and offer both visitors to our City and Perth residents, a new and exciting venue to visit and enjoy whilst at the same time, adding to the ‘cleaning up and enhancement’ of what can currently at times be unappealing precinct.

2.18 Furthermore, the City of Perth has stated that Pirate Life Perth will:48

…generate dozens of hospitality jobs in the city, support domestic and international tourism in Perth, and support the City’s endeavours to sustain and enhance the night-time economy in the CBD.

About the site 2.19 As stated earlier, 440 Murray Street for many years housed the Sony Central store. The premises have been vacant for more than two years. The building is owned by James Litis and two others. Mr Litis is a founding director of Primewest. Mr Litis also owns the building that houses the Flour Factory on Queen Street. James has known Andy and proposed the venue to be a great site for this business venture. Mr Litis has outlined in his letter of support (DOC 16.6) why this site is ideally suited to a development of this nature and states as follows:

I have been an owner of property in the city of Perth for over 30 years through my role as Director of Primewest as well as my own private investments. In that time, I

47 DOC 16.2

48 DOC 16.3

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have seen the west end flourish through the good times and suffer through the bad times. Currently the high vacancy rates and the general rundown and neglected feel of the area is screaming out for an iconic destination to feed life and vitality back into the precinct. The retail sector struggles in this part of town due to lack of foot traffic, which is why we had to close the Sony Shop after more than two decades of trade. I believe with the near completion of NV apartments and the addition of a truly iconic hospitality venue like Pirate Life Brewery, that this area of the city could bounce back to life.

…

The site at 440 Murray Street particularly lends itself to be a brewery through the actual architecture and layout of the building as well as the great location in- between the Perth Arena and the rest of the city.

2.20 The west end of Murray Street has experienced the downturn in the Western Australian economy particularly hard as many tenants have vacated their premises and those buildings have remained empty for a considerable period of time. This area of the city is in desperate need of redevelopment and revitalisation. The respondents to the questionnaire clearly believe that the establishment of Pirate Life Perth at this location will help to revitalise and reactivate this area of the CBD.

2.21 The construction of Pirate Life Perth will take place over a scheduled 12 week period. Hefferon Designs, the firm responsible for constructing the premises, has considerable and extensive experience in building, renovating and fitting out hospitality spaces. Indeed, Hefferon Designs has built all of the Sneakers & Jeans premises to date.

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2.22 Internationally renowned architectural and design firm, Stickman Tribe, will be responsible for the design of Pirate Life Perth. Stickman Tribe, based in Dubai, is described as follows:49

As an internationally recognized yet boutique interior design studio, we pride ourselves in having no preconceived ideas and no pre-packaged solutions; From the largest to the most intimate, our approach remains the same, every project begins with the client, turning their vision into landmark reality, whilst keeping the guest’s experience at its heart.

Our portfolio is filled with work we love to do, and it shows. We’ve built a reputation for concept-driven spaces that resonate with guests long past their departure.

A decade into operation, and with an inter-disciplinary tribe, we are fortunate enough to be working across 23 cities and 10 countries, building our own humble legacy one step at a time.

Our location is purposeful, with Dubai viewed as a new global frontier, Stickman Tribe is in the center of the contemporary chaos. Our directors, Marcos Cain and Asmaa Said have forged a distinct approach through a series of closely held beliefs that include spatial understanding, authenticity, operational values and a fine selection of materials and finishes.

2.23 Stickman Tribe has worked on some of the most exclusive and innovative hospitality projects in the world. The following images are some examples of their work and serve to give an indication of the level of sophistication and quality that Stickman Tribe will bring to the Pirate Life Perth concept.

Terra – Treetop Restaurant

49 http://www.stickmantribe.com/about/ Accessed 19 August 2019

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Mercedes Me – Mercedes Benz Restaurant and Bar

Beersmith – Chinese inspired craft brewery

2.24 Pirate Life Perth will be Stickman’s first project in Western Australia.

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3 Manner of trade

3.1 Pirate Life Perth proposes trade seven days per week serving lunch and dinner with the ability to operate until 1am Monday to Saturday. The City of Perth believes the later than normal trade will enhance the City’s night-time economy as it stated in its letter of support:

The venue will generate dozens of hospitality jobs, support domestic and international tourism in Perth, and support the City’s endeavours to sustain and enhance the night-time economy in the CBD.

3.2 In addition to the standard hospitality offering, the 950 person venue will house a microbrewery, merchandise space, packaged liquor area selling Pirate Life products, alfresco areas, private dining room, boardroom and dedicated tasting room.

3.3 Pirate Life Perth will be designed, set up and operated so as to redefine the hospitality experience in Western Australia by introducing a truly distinctly different multifaceted venue. Every aspect of the venue is supported by the public as is clear from the response to the online questionnaire below.

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3.4 Pirate Life Perth will provide a relaxed and welcoming atmosphere for patrons. The venue will be suitable for all types of people ranging from tourists to families to office workers and to the craft beer aficionados who will no doubt be attracted to this unrivalled hospitality facility. The services proposed at Pirate Life Perth are highly likely to be utilised by the public as is evident from the result of the questionnaire below.

3.5 Quite simply, Pirate Life Perth will set a new benchmark for microbrewery and hospitality operations in this State.

The premises

3.6 The premises have been described in detail above. In summary, Pirate Life Perth will be split across three levels with street art adorning the walls.

3.7 As the first dedicated Pirate Life premises to operate outside of South Australia, Pirate Life Perth will be unlike any brewery ever developed in Australia. In addition to a working 10 hectolitre brew kit which will be operated by CUB under a separate producer’s licence, Pirate Life Perth will have a butcher, a working retail shop, wine cellar, open plan kitchen with fire pit and parrilla grill, restaurant area, cellar tasting room, board room, private dining room, alfresco area with dedicated pizza oven space and three bars serving the freshest and best beer created specifically for the local neighbourhood.

3.8 The retail space will sell all the great Pirate Life merchandise and take-away packaged Pirate Life beers, as well as signature butchery items from the in-house butcher. The premises will have a capacity of approximately 950 patrons and the ability to trade from 7am to 1am on Monday to Saturday and from 10am to midnight on Sunday.

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3.9 The response to the online questionnaire establishes that the venue is likely to be very popular with 92% of respondents indicating that they are likely to attend Pirate Life Perth at least once a month as per the graph below (DOC 14).

3.10 The basement floor brew kit will pierce the ground floor and those people attending the Pirate Life Perth tavern premises and enjoying a drink on the ground floor will be able to watch as the brewers attend to their work on top of the tanks as seen in the image below.

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Food & beverage services

3.11 Food will play a key role at Pirate Life Perth. The centre piece of the extensive kitchen will be charcoal parrilla grill which will be similar to one pictured below. The main difference being that the parrilla grill at Pirate Life Perth will open for the public to witness the cooking.

3.12 The kitchen operations, when fully staffed, will require approximately 15 persons with a further 22 staff members manning the bars. The back of house team will be complemented by approximately 35 front of house floor staff.

3.13 Pirate Life Perth will run specialist beer tasting and educational sessions. These will be conducted by experienced staff members. The sessions will be available to the public but private sessions will also be able to be booked for special functions and events.

3.14 The packaged liquor sales are to be restricted to Pirate Life products only. Pirate Life, as a premium craft beer product, is priced accordingly as is evident from the graphic below taken from the BWS50 and Liquorland51 websites for a four and six pack of Pirate Life products.

50 https://bws.com.au/search?searchTerm=pirate-life Accessed 24 September 2019

51 https://www.liquorland.com.au/search?q=pirate%20life&redir=true Accessed 24 September 2019

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3.15 The price of a carton of Pirate Life beer from Dan Murphy’s is as follows:52

3.15.1 Port Local (case of 16): $46.90.

3.15.2 Throwback IPA (case of 24): $77.99.

3.15.3 Pale Ale (case of 24): $90.99.

3.15.4 IPA (case of 24): $98.99.

3.16 The packaged liquor items to be offered for sale at Pirate Life Perth will be similarly priced to the examples above. Pirate Life products are clearly a premium brand that command a premium price. The public are clearly keen to purchase packaged Pirate Life products from the venue as is evident from the graph below.

52 https://www.danmurphys.com.au/search?searchTerm=pirate+life+ Accessed 24 September 2019

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Other services 3.17 The Tap Room will provide seating for up to up to 10 persons with a long table down the centre of the area. It will be used for long table lunches, masterclasses, cicerone training, meeting room, private functions and other educational sessions that Pirate Life Perth will conduct.

3.18 There will also be a private dining room on the ground floor which will be capable of hosting 19 people as well as a boardroom facility on the mezzanine level.

3.19 The rear alfresco area will be incubated by a 15 metre high perimeter wall and balcony area as well as an operable roof. Both will assist in attenuating any sound and noise emissions.

3.20 The total rear courtyard on the ground floor will have seating for approximately 120 persons. Seating will be booth and traditional tables and chairs. In the outdoor space on the basement level, a further 40 seats are to be provided.

3.21 As mentioned previously, Pirate Life Perth will also have an area dedicated to Pirate Life merchandise sales. Pirate Life products, such as caps, t-shirts and jumpers have proven to be highly popular.

3.22 As a tavern licence, Pirate Life Perth will also make Pirate Life products for sale for takeaway. Packaged liquor sales have been the mainstay of the Pirate Life operation since its inception. There is a clear need for an outlet selling Pirate Life products in the City given the response to the questionnaire below (DOC 14).

3.23 A flurry of local artists will install a range of unique “one off” installations in the building which will potentially become a must-see for locals and tourists alike.

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3.24 Such artworks are a feature of the Pirate Life premises in both Port Adelaide and Hindmarsh as can be seen from the images below.

3.25 Art installations, similar in style to those above, will be installed within the Perth venue. Pictured below are some artist impressions which detail the kind of art to be on display at the new premises.

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Proposed trading conditions 3.26 The Applicant seeks approval for the grant of a tavern licence to be endorsed with conditions pursuant to ss41(1)(a) and 98(1) of the Act.

3.27 Further, the Applicant will be agreeable to the following special trading conditions to be imposed should the licensing authority consider they are appropriate.

3.27.1 Packaged liquor is to be limited to Pirate Life products only.

3.27.2 With the exception of prearranged functions and events, music will be played at a level that permits normal conversation to occur on the ground floor.

3.27.3 Food shall be available to purchase during all trading hours, except in the case of private pre-arranged functions or special events when the provision of food may not be appropriate or necessary.

3.27.4 The licensee shall not promote or sell drinks which offer liquor by virtue of their emotive titles such as, but not limited to, laybacks, shooters, slammers, test tubes, blasters and Jager Bombs.

3.27.5 Drink options that include low alcohol as well as non-alcoholic drinks shall be available for purchase during all trading hours.

3.27.6 Patrons shall not be permitted to wear jackets, other clothing or body markings which visibly bear patches or insignia of any known Outlaw Motorcycle Gang.

3.27.7 With the exception of prearranged functions, the following minimum number of seats be available on each level of the licensed premises when those levels are operating:

(a) Ground Floor: 150 seats;

(b) Mezzanine Level: 15 seats; and

(There is likely to be considerably more seats provided, however, this provides a minimum).

3.27.8 Closed circuit television (CCTV) system compliant with the Director of Liquor Licensing’s Security at Licensed Premises policy be installed at the premises.

3.28 These conditions have been drafted and are carefully thought out to enable the Applicant, as licensee, to fulfil the proposed manner of trade, meet community expectations and manage risks.

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4 Primary objects of the Act

4.1 In accordance with the PIA Policy, the Applicant has had regard for the matters outlined in section 5 of the Act. Submissions addressing section 5 matters are contained throughout this PIA and also in more detail in the Applicant’s Legal Submissions (DOC 9).

Section 5(1)(a) 4.2 As to section 5(1)(a) of the Act, the granting of the licence will ensure that the sale, supply and consumption of liquor is appropriately regulated for the following reasons:

4.2.1 The venue will be subject to the strict controls of the Act rather than operating as an unlicensed restaurant premises, which potentially it could do, without being subject to the Act.

4.2.2 The grant of a tavern licence is appropriate given the intended manner of trade as the premise will:

(a) permit more than 120 people to be on site at any given time (thus making it unsuitable to be a small bar licence);

(b) sell packaged liquor meaning a restricted tavern licence would be unsuitable;

(c) allow patrons to stand and consume liquor, supply liquor to patrons without having to purchase a meal and allow patrons to purchase liquor over the bar without the need for waiter service, resulting in a restaurant licence being unsuitable for the premises; and

(d) operate within the authorised hours for a hotel licence and without the requirement to provide continuous live entertainment which means a nightclub licence is unsuitable despite the proposed ETP.

4.3 The operator will ensure that every effort is made to operate the venue in a most responsible manner and in compliance with the Act. As already explained, the Applicant’s director is a highly experienced hospitality professional with a long history of operating compliant venues in the Perth CBD.

Section 5(1)(b) 4.4 As to section 5(1)(b) of the Act, the grant of the licence will be likely to minimise any harm or ill-health caused to people, or any group of people, due to the use of liquor for the following reasons:

4.4.1 The fit out of the premises is to be custom designed and entirely fit for purpose. As previously explained, Stickman Tribe, an internationally renowned curator of hospitality spaces, has been engaged to assist with the design of the building with significant input from the highly experienced Applicant director, Andy Freeman.

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4.4.2 Meals will be available during key trading hours which means the premises will not operate like a traditional vertical drinking facility essentially focussed on heavy liquor consumption. Food will be available at all times. The range and quality of the food will be a significant drawcard.

4.4.3 Substantial seating will be provided at all times with the exception of some pre-arranged functions and events that may be held at the venue from time to time.

4.4.4 A director of the Applicant has completed the requisite training courses and has previously been determined by the licensing authority on many occasions as being fit and proper (DOC 7).

4.4.5 The venue is not situated in a low socio economic area or an area that is considered to be problematic from an alcohol related harm or ill health perspective.

4.4.6 The highly experienced management teams have developed extensive policies to mitigate against the risk of any harm or ill health following from the operations of the premise (DOC 8). These policies and procedures are tried and tested at other related venues in Perth.

4.4.7 CCTV will operate throughout the venue.

Section 5(1)(c) 4.5 As to section 5(1)(c) of the Act, the grant of the licence will cater for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State for the following reasons:

4.5.1 Feedback from a significant section of the public establishes that there is a clear requirement for the type of venue which is proposed and the types of services it will offer. 99% of respondents to the survey supported the tavern licence application, with 92% of respondents to the survey anticipating attending the venue on at least a monthly basis. 91% indicated that the creation of a microbrewery in the CBD appealed to them, with 68% of respondents also indicating that the introduction of packaged Pirate Life products into the CBD appealed to them.53

4.5.2 The extensive and compelling evidence provided by the Applicant from a wide cross section of the community, not only endorses the project but clearly shows that a large number of people will be likely patronise the venue.

4.5.3 The venue will certainly be likely to assist with the proper development of tourism industry in this State for four overriding reasons:

53 DOC 14

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Public Interest Assessment Pirate Life Perth

(a) Firstly, the tavern will be the first dedicated Pirate Life venue outside of South Australia. The Pirate Life brand is synonymous with high quality craft beer and an innovative approach to hospitality services across the country.

(b) Secondly, “Bars and Restaurants” are considered “Key Pieces” of the tourism puzzle according to the Tourism Council of Western Australia.54 Pirate Life Perth will contribute enormously in this respect. It will bring a quality brand into the CBD which will add much needed vibrancy to this section of the CBD through the introduction of significant licensed food and beverage venue whose location at the western end of the Murray Street will suit travellers visiting Perth, and particularly those who attend events at Perth Arena.

(c) Thirdly, 97% of respondents to the survey indicated that the venue is likely to have a positive affect on the amenity of the CBD and 98% of respondents also believed that the Pirate Life tavern would revitalise and reactivate the western end of Murray Street.55

(d) Fourthly, the combination of Andy Freeman’s innovative hospitality industry talent coupled with the experience and pre- eminence of the international design architect ensure an iconic facility is created.

4.5.4 The hospitality industry more broadly will benefit from the opening of Pirate Life Perth, particularly in this location within the CBD that currently lacks vibrancy. The abandoned building will spring to life with aplomb. This area of the CBD generally has been in dire need of activation for quite some time. Activation is now occurring to a substantial extent not only as a result of Pirate Life Perth but also due to the construction of the NV Apartments and the Novotel Perth Murray hotel. The need to activate the western end of Murray Street is evident from the comment below by the Member for Perth:56

The new venue will include an in-house brewery, hybrid rooftop beer garden, restaurant with an open plan kitchen, three bars, private dining rooms and a retail component. This mixed use development will be in the west end of the city, an area that has seen a decline in the number of restaurants and venues, and as a result it currently does not enjoy the same vibrancy or activity as other parts of the city.

54 ‘Missing Pieces’ brochure, Tourism Council of Western Australia, May 2016 (DOC 34)

55 DOC 14

56 DOC 16.8

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4.6 The results of survey provide the licensing authority with credible evidence from a representative sample of the public as to the requirements of consumers for liquor and related services. Some of the results of the survey are provided below in diagrammatical form.

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4.7 The results of the survey provides clear and compelling objective evidence that the tavern is highly likely to cater for the requierments of consumers for liquor and related services in this State and is unlikely to cause harm or ill-health.

4.8 In terms of assessing the requirements of consumers, it is relevant to consider the popularity of craft beer. According to the Australian Liquor Stores Association “State of the Industry” report, craft beer brands now account for nearly 9% of all retail beer dollars, up from 7% in 2015.57 In 2016, craft beer sales increased by 21.7% (up $93 million) and increased again by a further 11.9% in 2017 (up $62 million).58 According to the same report, sales of Pirate Life products increased by 541% in 2017.59 Indeed, such is Pirate Life’s success that the report dedicated two pages to the brewer. Those pages are provided below.

57 Australian Liquor Stores Association State of the Industry Report 2018 (DOC 35)

58 Ibid p28

59 Ibid p30

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4.9 According to an article in Australian Financial Review in late 2017, the craft beer industry in Australia is worth an estimate $740 million annually and is growing at between 15 per cent to 20 per cent per annum outstripping mainstream beer sales, which are going backwards.60

60 https://www.afr.com/companies/retail/worlds-biggest-brewer-anheuserbusch-inbev-buys-pirate-life-20171130-gzvpft Accessed 20 August 2019 (DOC 36)

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4.10 As stated in the letter from Pirate Life, Western Australian consumers have shown a particular requirement for craft beer and Pirate Life products:61

Further to that, Pirate Life sells 20% of its beer volume in WA, which over-indexes considering WA accounts for approximately 11% of the National beer market. Pirate Life is growing at over 200% in WA with sales volume roughly split 50/50 between pack and bulk products, which is on target to deliver approximately 6,000 HL in 2019. The Western Australian Craft beer market also over-indexes as a percentage of total beer versus that of national, with craft beer sales in Western Australia representing approximately 15% of total beer sales (compared to less than 10% nationally). The WA Craft beer market is also the fastest growing segment, making this a particularly attractive category to invest in.

4.11 In the 2017 Craft Beer Survey conducted by Beer Cartel, Pirate Life was voted as Australia’s Best Craft Brewery.62 In the most recent 2018 survey, Pirate Life placed third as seen in the image below. According to Beer Cartel, consumer sentiment post buy-out has appeared to impact the Pirate Life ranking.

4.12 The above clearly establishes there is a significant consumer requirement for craft beer and Pirate Life products are highly sought after amongst craft beer drinkers.

61 Pirate Life Letter (DOC 16.1)

62 https://www.beercartel.com.au/blog/2018-australian-craft-beer-survey-results/ Accessed 20 August 2019

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5 Harm or ill-health – section 38(4)(a)

5.1 The Applicant has had careful regard for the various risk factors and indicators in the Locality contemplated in the PIA Policy. These include ‘at risk’ groups and sub- communities, alcohol-related hospitalisation and crime.

5.2 These matters are addressed in detail in this section of the PIA. Collectively, they reveal there are no stand-out risk factors of the Locality such that there should be any concern surrounding the grant of the proposed tavern licence.

5.3 Furthermore, any potential negative impact of the tavern licence should be considered in light of the following points:

5.3.1 Pirate Life Perth will effectively be run and operated by a very well-known, respected and long established hospitality professional with an exemplary record.

5.3.2 The design, fit-out and offering at Pirate Life Perth is targeted towards mature and discerning clientele who appreciate high quality craft beer. It is highly unlikely that the venue will attract patrons who will be unruly, rowdy or aggressive. It will be family friendly also – with “kids menu and kids packs” providing colouring for young visitors.

5.3.3 The packaged liquor sales will be limited to Pirate Life products.

5.3.4 With the benefit of the experience of its principal director, the Applicant has developed an extensive set of polices and procedures to minimise the potential for harm to occur as a result of liquor being sold and supplied at the tavern. These policies and procedures are described in greater detail in this section of the PIA.

At risk groups and sub-communities

5.4 The table below contains some of the 2016 Census statistics63 that are relevant in assessing the “at risk” groups and sub-communities living in the Locality. A Locality average has been calculated (by combining the statistical data for the suburbs of Perth, West Perth and Northbridge and dividing the total by three) and compared with the suburb of Perth itself, the City of Perth and Western Australia.

Census category Perth Locality City of Perth Western average Australia

At risk group: Children and young people

Persons aged 14 and 6.9% 5.4% 5.2% 19.2% younger

63 http://www.abs.gov.au/websitedbs/D3310114.nsf/Home/2016%20QuickStats

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Census category Perth Locality City of Perth Western average Australia

Persons aged 19 and 9.5% 7.6% 9.3% 25.3% younger

Average age of persons in 32 32 32 36 suburb

At risk group: Aboriginal people and communities

Aboriginal and Torres Strait 1.0% 0.8% 0.8% 3.1% Islander people

At risk group: Families

Couple family without 67.6% 70.2% 70.0% 38.5% children

Couple family with children 21.1% 16.9% 19.3% 45.3%

One parent family 8.1% 9.0% 7.1% 14.5%

Other family 3.2% 3.8% 3.6% 1.7%

At risk group: Migrant groups from non-English speaking countries

Australia as country of birth 34.7% 32.1% 29.8% 60.3%

Top three responses as to English English English English ancestry Australian Australian Chinese Australian Chinese Chinese Australian Irish

English only language 50.8% 47.8% 46.9% 75.2% spoken at home

Households where a non 33.0% 31.1% 35.3% 19.4% English language is spoken

At risk group: People in low socio-economic areas

Worked full-time 63.2% 62.9% 62.1% 57.0%

Worked part-time 24.2% 24.6% 23.4% 30.0%

Unemployed 8.2% 7.8% 9.4% 7.8%

Median weekly income – $949 $954 $928 $724 personal

Median weekly income - $2,243 $2,187 $2,291 $1,910 family

Median weekly income - $1,827 $1,775 $1,849 $1,595 household

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Public Interest Assessment Pirate Life Perth

Census category Perth Locality City of Perth Western average Australia

More than $3000 gross 23.5% 22.9% 25.2% 19.2% weekly income

5.5 The majority of the statistics reflect many positive factors as well as a low risk Locality, based on the following key observations and pursuant to the PIA Policy:

5.5.1 There are fewer children and young people.

5.5.2 There is a low proportion of Aboriginal and Torres Strait Islander people.

5.5.3 The resident population is affluent.

5.6 There is a high prevalence of people who were not born in Australian. A reasonable majority of residents in the Locality are Chinese and a number of households speak a non-English language at home. The PIA Policy suggests that these “migrant groups from non-English speaking countries” will be a negative risk factor. However, that is certainly not the case in this application. Pirate Life Perth is not culturally sensitive nor is it specifically targeted to a certain race or nationality. Rather, the venue will appeal to those individuals who appreciate high quality craft beer and good food. The status of the Locality as the State’s capital and an evolving cosmopolitan city means that people of all backgrounds are living in, working in, visiting or passing through it on a daily basis.

5.7 The PIA Policy also contemplates other at risk groups and sub-communities which could not be identified from Census statistics. Further submissions and information in respect of these other at risk groups are provided below:

5.7.1 The Locality is clearly not a “regional, rural [or] remote” community.

5.7.2 The Locality does not contain “mining communities or communities with a high number of itinerant workers”. However, it is acknowledged there may be some mining or itinerant workers living in the Locality.

5.7.3 As to “communities that experience high tourist numbers”, the following information and submissions are provided:

(a) The Locality is widely known to attract tourists from far and wide.

(b) Tourism WA recorded an average of 11 million visitors each year between 2016 and 201864, of which 18% visited and stayed overnight in the City of Perth itself.65

64https://www.tourism.wa.gov.au/Publications%20Library/Research%20and%20reports/2018/Domestic%20Visitor%20Profiles %202018/Domestic%20overnight_2018%20Factsheet.pdf at page 3

65 Ibid at page 7

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Public Interest Assessment Pirate Life Perth

(c) As described earlier in this PIA, the Locality is rapidly transforming and modernising. The numerous projects and developments throughout the city are creating services and facilities to support the local population as well as the tourism industry. For example, Perth Arena attracts large events and concerts that attract tourists to the area.

(d) However, tourists do not dominate the Locality as they are outnumbered by the local residents and workers.

(e) There is nothing about this proposal to suggest that tourists will be put at risk from this tavern licence. To the contrary, tourists are likely to be attracted to the venue to experience the craft beer that is brewed onsite amongst other things.

(f) Pirate Life Perth is in fact designed to accommodate tourists for dining, socialising and functions. The supply of liquor at Pirate Life Perth will be entirely appropriate and exactly what tourists would be likely to expect from an inner city hospitality provider.

(g) Further submissions as to how Pirate Life Perth will support and benefit the tourism industry in Western Australia is addressed in a later section of this PIA.

Social health indicators

5.8 As to alcohol-related hospitalisations, the 2014 surveillance report prepared by the Drug and Alcohol Office66 contains some useful information. The following extract from the report provides statistics regarding the rate of alcohol-related hospitalisations in the City of Perth between 2007 and 2011.

66 ‘Alcohol-related hospitalisations and deaths in Western Australia, Regional Profile: North Metro’. It is understood that at the date of this PIA the 2014 version of the report is the most current, even though it is no longer readily available online. A copy may be provided to the licensing authority if requested.

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Public Interest Assessment Pirate Life Perth

5.9 There was a “significantly higher” rate of alcohol-related hospitalisations in the City of Perth, particularly among males. The higher rate is unsurprising and expected to a certain extent, given that Perth is the State capital and Northbridge is recognised as Perth’s premier entertainment precinct67. The Locality comprises the greatest concentration of people, activity and licensed premises than anywhere else in the State. The following graph illustrates crime data published on the WA Police database68 in respect of the Locality.

5.10 The above graph establishes that Perth experiences a high level of crime. However, the criminal offences are not distinguished with regard to those that are alcohol- related and those that are not. In this respect, it is relevant to note that although Perth may experience a high level of crime, 72% of all offences are for stealing, drug or fraud offences as is evident from the breakdown below.69

67 Fremantle Beverages Pty Ltd LC 15/2010 at [54]

68 https://www.police.wa.gov.au/Crime/CrimeStatistics#/start (accessed 6 August 2019)

69 Ibid

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Public Interest Assessment Pirate Life Perth

5.11 Perhaps most relevantly, those persons who completed the online questionnaire do not believe that they are likely to suffer from alcohol-related harm and ill-health as a result of Pirate Life Perth operating pursuant to a tavern licence. The graph below establishes this fact.

Strategies to be implemented to minimise harm or ill-health

5.12 There is a range of strategies that the Applicant proposes to implement which are designed to minimise the potential for harm or ill-health to occur within the Locality as a result of liquor being served at Pirate Life Perth. Those strategies include the following:

5.12.1 Creating and maintaining services and facilities which will be of very high quality in all respects.

5.12.2 Adopting and subsequently operating in accordance with a responsible Management Plan and Code of Conduct (DOC 8).

5.12.3 Pricing alcoholic drinks at a level which will discourage potential rapid or excessive consumption.

5.12.4 Thoroughly training staff on all appropriate matters including responsible service of liquor.

5.12.5 Ensuring food is available at all times.

5.12.6 Having an extensive state-of-the-art CCTV surveillance system in place.

5.12.7 Imposing strict policies in respect of juveniles. No liquor is to be sold or supplied to juveniles or anyone who is suspected of trying to obtain liquor for a juvenile. The Applicant has a strict policy of refusing entry to anyone who cannot prove their adult age with satisfactory identification.

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5.13 Pirate Life Perth will be a well controlled, low risk operation by virtue of the fact that the directors of the Applicant company and related entities are highly experienced business people with a wealth of knowledge and long irrefutable tenure in successfully operating licensed premises in Perth. This has been confirmed by the letter from Vault Protective Security Services which has stated as follows:70

Sneakers and Jeans are a safety conscious business. This ethos is demonstrated by their management team and is shared culturally with other members [of] the team. We have been a part of, delivered and witnessed regular training and development to employees on Responsible Service of Alcohol, Conflict Resolution & De-escalation and Duty of Care which puts their staff in good stead to deal with and respond to issues and concerns within the venue.

5.14 The proposed trading conditions have been tried and tested elsewhere at licensed premises related to this Applicant. Based on their effectiveness elsewhere in the Locality, they are highly likely to ensure Pirate Life Perth is operated in such a way to minimise the potential for any harm or ill-health to occur.

6 Impact on amenity – section 38(4)(b)

6.1 The Applicant believes that the development of the Pirate Life Perth operation will have an enormously beneficial impact on the amenity of the Locality. This is clearly a view that is supported by respondents to the online questionnaire as is evident from the results below.

70 DOC 16.7

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Public Interest Assessment Pirate Life Perth

6.2 Andy Freeman has a proven ability to revitalise areas with licensed premises that have a positive affect on the amenity of an area. This is highly relevant given the current retail climate in the City and the need to improve the west end of Murray Street which has become somewhat underutilised and undesirable in recent times. In terms of the Applicant director’s proven ability to establish popular venues that are a positive addition to an area, Peter Brampton, the General Manager of the Westin Perth has stated as follows in his letter of support for the Pirate Life project:71

The revitalization and redevelopment of the west end of Perth has been an important step in the ongoing rejuvenation of the CBD. This progress enhances the Tourism and Leisure facilities of our City. In my experience, tourists staying at the CBD Hotels are often looking for close amenities and dining outlets. This new venture would be a welcome addition to the current City offerings.

The planned development of ‘Pirate Life’ would add to this enhancement and offer both visitors to our City and Perth Residents, a new and exciting venue to visit and enjoy whilst at the same time, adding to the ‘cleaning up and enhancement’ of what can currently at times be an unappealing precinct.

I have known Mr. Freeman personally over the last two years, through my role as General Manager of the Westin Perth, and his involvement in the Hibernian Place complex, which also hosts the Hotel. Mr. Freeman has demonstrated his ability to create and operate quality, world class venues within Hibernian Place, with both the Hadiqa Rooftop Restaurant & Bar, and the Goodie Two’s Club. We have not experienced any noise or venue issues. Feedback on both these venues from our Hotel guests has always been positive, and I would expect the same positive comments from the new Murray Street venue.

71 DOC 16.5

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6.3 Importantly, Pirate Life Perth will also provide a unique venue that will add diversity to the current hospitality stock. This view is also supported by the results of the online questionnaire as shown below.

Nature and character of the local community

6.4 The following provides a snapshot of the city:72

6.5 The Locality is a hive of activity, with hundreds and thousands of people travelling to or passing through the area everyday. The city’s residential population also continues to grow as more apartments are being constructed, including the “NV Apartments” nearby at 380 Murray Street.

72 https://www.perth.wa.gov.au/future-perth/community-snapshot

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Public Interest Assessment Pirate Life Perth

6.6 The Locality recorded a resident population of 18,340 at the time of the 2016 Census. To understand the type of people who live in the Locality, the following table contains some 2016 Census statistics regarding the local demographic.

Census category Perth Northbridge West Perth

People 11,425 1,307 5,608

Married 29.4% 23.5% 29.7%

Never married 58.0% 65.2% 54.4%

Born in Australia 34.7% 23.3% 38.2%

Country of birth – top response England Korea England other than Australia (5.4%) (6.8%) (6.3%)

Top three languages spoken other Mandarin Mandarin Mandarin than English Cantonese Korean Spanish Italian Cantonese Italian

Occupation – top response Professionals Professionals Professionals (35.3%) (25.7%) (40.0%)

Median weekly personal income $949 $867 $1,045

Most common dwelling type Flat or Flat or Flat or apartment apartment apartment (73.9%) (83.6%) (80.0%)

Tenure – top response Rented Rented Rented (61.3%) (61.8%) (63.9%)

Median rent $430 $430 $400

Median mortgage repayments $2,167 $1,997 $2,000

6.7 The above statistics reflect what would ordinarily be assumed about the resident community in the Locality. The average resident in the Locality could be described as follows:

6.7.1 Not married.

6.7.2 An employed professional.

6.7.3 Speaks Mandarin, if he/she speaks another language other than English.

6.7.4 Earns a personal income of approximately $954 a week.

6.7.5 Rents his/her apartment at $420 a week. The smaller proportion that own it with a mortgage pays around $2,055 a month.

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6.8 According to the City of Perth, the population is predicted to increase by nearly 40% over the next two decades, almost 2% per annum.73

How the proposed premises will fit into the amenity 6.9 Pirate Life Perth is likely to have an enormously positive impact on the amenity of the Locality. The proposal is essential to re-invigorate and enhance the immediate surrounding area which has become neglected and not utilised.

6.10 Pirate Life Perth will be a “local” for neighbouring residents and workers.

6.11 The new premises will significantly add to and greatly improve the amenity of the area by doing the following:

6.11.1 Activating an inactive and dormant key site in the middle of the CBD.

6.11.2 Improving the security in the immediate vicinity of the site by adding passive surveillance through staff, increasing passing pedestrian traffic and the introduction of external CCTV monitoring.

6.11.3 Furthering the continuation, connection and expansion of the CBD.

6.11.4 Helping to reactivate the western end of Murray Street, which currently continues to have pockets of inferior quality development and operations.

73 https://forecast.id.com.au/perth Accessed 26 August 2019

Public Interest Assessment Pirate Life Perth

6.12 According to Tourism WA, Pirate Life Perth will significantly add to the amenity of the area as is evident from the quote below (DOC 16.3):

PLP [Pirate Life Perth] will be located close to a number of popular tourism destinations, such as Perth Arena, Yagan Square, Elizabeth Quay, the Perth Cultural centre and Northbridge. Its development will support the significant Government and private investment in these precincts, and will provide an enhanced experience to visitors.

Outlet density 6.13 As required by the PIA Policy for a tavern licence application, the Applicant has identified all the licensed premises within the Locality (DOC 17).

6.14 However, the only premises that could be said to be comparators to Pirate Life Perth are the other microbreweries in the Locality which are listed below:

6.14.1 The Generous Squire

6.14.2 Nowhereman Brewing Co.

6.14.3 The Island

6.14.4 Northbridge Brewing Company

6.14.5 Bright Tank

6.15 Each of the microbreweries listed above are compared in the table below.

Pirate Life Generous Squire Nowhereman The Island Northbridge Bright Tank Brewing Brewing Co.

Location 440 Murray Street 397 Murray Street 25 Harrogate 1 Valdura Place 44 Lake Street, 100 Brown Perth Perth Street, Elizabeth Quay Northbridge Street, East Leederville Perth

Products Throwback (3.50%, Orchard Crush Leederville Lager Craggy Brown Beerland Wheat Strange Strange mid-strength IPA) (4.80%, Apple Cider) (4.2%, Lager) Ale (4.1%, Ale) (4.8%, wheat (4.8%, German beer) Ale)

Golden Era Four ‘Wives’ (5.0%, Oxford Social Little Island Pale Beerland Lager Smalley (3.8%, Records (4.70%, Pilsener) (3.5%, mid- Ale (4.2%, Pale (4.8%, Lager) IPA) Golden Ale) strength) Ale)

Hopco (4.80%, Hop Thief No. 9 Rhapsody XPA Blonde Betty Beerland Pale New World American style (5.0%, American (5.0%, Extra Pale (4.9%, similar to Ale (5.0%, Pale Order (5.2%, pale ale) Pale Ale) Ale) a Lager) Ale) Pale Ale)

Pale Ale (5.40%) Mid River (3.50%, Crate Digger Peg Leg (3.1%, Kolsch (4.8%, Brown Street mid-strength Pale (4.5%, Pale Ale) mid-strength Golden Ale) Brown (5.4%, Ale) blonde ale) American Brown Ale)

Ballast Point One Fifty Lashes Seasonal beers Hummerston Beerland IPA #Nofilter (6.3%, (6.00%, pale) (4.20%, Pale Ale) Pilsner (5.0%, (6.0%, American American IPA) Pilsner) Style Ale) IPA (6.8%) The Swindler (4.2%, Urban Farmer Tropical Pale) Ugly Sweater (6.8%, Saison) (5.9%, India Mosaic (7.0%) The Chancer (4.5%, Brown Ale) Seasonal beers

Public Interest Assessment Pirate Life Perth

Golden Ale)

Stout (7.20%) Nine Tales (5.0%, Amber Ale Imperial India Pale Ale (8.80%) Jack of Spades (5.0%, Porter)

Capacity of 800 patrons 140 patrons 160 patrons 250 patrons 500 patrons 130 patrons venue/ Trading Monday to Monday to Sunday Monday, Monday to Sunday to Wednesday (4- hours Saturday (7am- (11am-Late) Tuesday closed Friday (11am- Thursday (11am 10pm) midnight) Late) – Late)

Sunday (10am- Wednesday, Saturday, Friday & Thursday midnight) Thursday (4- Sunday & Public Saturday (11am- (12pm-10pm) 10pm) Holidays (9am- 2am) Late) Friday, Saturday Friday (4pm- (12pm-12am) 12am) Sunday (10am- Saturday (12pm- 10pm) 12am) Monday, Sunday (12pm- Tuesday closed 9pm)

Instructional Masterclasses Beer Masterclass - Nothing online to Meet the Brewer Can book a Website classes (i.e. $35 per person, with suggest they do (monthly) – tasting and a suggests Bright tastings) Cicerone training group bookings from instructional interactive tour. Tank will host a 15-35 people. classes. session detailing variety of events the art of with Head Meeting room Tasting Paddle This package brewing beer. Boards - $12pp. Brewer and includes beers, beer Get to taste all certified Other educational Little Island’s Cicerone canapes and a Corporate beer sessions tailored beer class beer. Bookings Matthew Moore at $10pp. functions: Simple and Venue and Premium Manager David brewery session. Penrose. Simple brewery session ($40pp) includes beer talk, beer tasting, finger food and Q&A.

Premium brewery session($70pp) includes beer talk, beer tasting, finger food, 2hr beverage packages and Q&A.

Dedicated Yes, this venue will Tavern licence – Tavern licence – Tavern Tavern licence – Tavern licence – packaged sell packaged nothing on website nothing on Restricted On the drinks nothing on liquor facility liquor. to suggest a person website to Licence menu you can website to can purchase suggest a person purchase 946mL suggest a Limited to Pirate packaged liquor. can purchase ‘canimals’ of all person can Life products. packaged liquor. the products purchase listed. packaged liquor.

Merchandise The following will Nothing on website Nothing on Nothing on Nothing on Nothing on be sold onsite: to suggest website to website to website to website to merchandise is suggest suggest suggest suggest T-shirts available. merchandise is merchandise is merchandise is merchandise is available. available. available. available.

Public Interest Assessment Pirate Life Perth

Jumpers

Hats

Stubbie holders

Skate decks

6.16 It is not surprising to find that this Locality is densely populated with licensed premises given the location within the CBD. This is entirely consistent with the nature of the Locality as the State’s capital, its population density and visitor numbers.

6.17 Even though this application contemplates the introduction of another licence into the Locality, this should not impede the grant of the Pirate Life Perth tavern licence which will add to diversity in a high quality establishment. None of those premises supply Pirate Life products brewed on-site. Indeed, new licences continue to be granted in the CBD.74 This is clearly the venue of those persons who completed the online questionnaire as per the below.

6.18 Thousands of people live and work in the Locality. The city also attracts hundreds of thousands of visitors. Between 2016 and 2018, the City of Perth area attracted an average of 1,947,800 tourists every year.75 There needs to be sufficient licensed services and facilities in order to cater for the diverse and evolving requirements of the wide catchment of consumers. Pirate Life Perth is highly likely to do so as the evidence throughout this PIA establishes.

74 For example, at Yagan Square and Raine Square.

75 See for example, ‘City of Perth Visitor Factsheet, Three Year Average – 2016/2017/2018’, https://www.tourism.wa.gov.au/Publications%20Library/Research%20and%20reports/2018/LGA%20Profiles%202018/Perth_ 2018%20Factsheet.pdf at page 3. The figure refers to overnight visits by intrastate, interstate and international visitors.

Public Interest Assessment Pirate Life Perth

Consultation

6.19 Consultation by the Applicant in this case has been extensive and is indeed very compelling.

6.20 The Applicant engaged with an inspector of the licensing authority to obtain feedback regarding the proposed plans prior to lodgement. The Applicant accepted the advice and comments which it received and incorporate them into its final proposal as lodged.

6.21 In addition to engaging with the licensing authority, the Applicant also consulted with representatives from the Liquor Enforcement Unit of WA Police as well as representatives of the Chief Health Officer. These representatives undertook a site visit on Friday, 20 September 2019 where the proposal was explained in detail. Those representatives had also been provided with information about the proposal prior to the site visit. The feedback from those representatives has guided the trading conditions proposed within this document.

6.22 Further, the licensing authority has been given the benefit of evidence from a significant section of the relevant public, much larger than a mere representative sample, as to the opinions and requirements of the persons within the CBD.

6.23 As has already been made clear throughout this PIA, several hundred members of the public have expressed to the Applicant their opinion as to the Pirate Life Perth proposal. 99%76 of them expressed their support for approval of the tavern licence application and a vast majority found the ETP aspect to be very appealing.

6.24 Also, many letters of support for the development have been provided to the Applicant. The diversity of the groups and persons who have supplied these letters and the extent of the support indicate how wide reaching and strongly supportive the community is of this development.

6.25 The results of the online questionnaire carried out by the Applicant has been clearly summarised in graphical form. The results illustrate unambiguously the overwhelming support for proposal.

7 Offence, annoyance, disturbance or inconvenience – section 38(4)(c)

7.1 In respect to this issue the Applicant has considered “the impact that may be caused to people who reside or work in the vicinity of the licensed premises.”77

7.2 Based on the evidence, it is not considered that there are any high-risk factors associated with the application. For the following reasons it is not anticipated that the

76 DOC 14

77 PIA Policy

Public Interest Assessment Pirate Life Perth

establishment and operation of the venue will cause any offence, annoyance, disturbance or inconvenience of any kind:

7.2.1 Harm minimising features and carefully prepared strategies will be implemented.

7.2.2 There are no sensitive problematic amenity issues. In fact, the Applicant suggests that the premise will have a positive effect on the amenity of the Locality as it will provide a service that is currently unavailable in this State and it will activate the surrounding area, particularly outside of normal business hours.

7.2.3 The venue will ensure that its operations do not negatively affect guests staying at the nearby accommodation facilities, rather those guests will potentially be greatly advantaged.

7.2.4 Pirate Life Perth will be operated by a team of very professional, experienced and skilled hospitality people.

7.2.5 There will be a very strong focus on providing a high-quality food offering at the venue.

7.2.6 There is no section of the public which is considered to be ‘at risk’ of being adversely affected by the liquor services proposed at Pirate Life Perth.

7.3 The members of the public who completed the survey did not believe that the premises would be likely to cause offence, annoyance, disturbance or inconvenience to them. The graph below is evidence of this78:

78 DOC 14

Public Interest Assessment Pirate Life Perth

7.4 Furthermore, those participants who went to the time, trouble and effort of writing letters in support of the proposal were also of the view that no offence, annoyance, disturbance or inconvenience would be caused by the development of Pirate Life Perth.

Business management plan 7.5 The Applicant has considered all aspects of the venue’s proposed manner and style of operation, including its management. The Applicant director is a well respected hospitality professional with extensive experience operating high quality licensed facilities in the CBD and fully intends to implement his usual practises and procedures at Pirate Life Perth which have proved highly successful elsewhere. The Applicant therefore confidently submits that is unlikely to be faced with any unforeseen management issues relating to the operation of the proposed licence.

7.6 Included with the Applicants’ Case is a Management Plan and Code of Conduct which are very detailed indeed (DOC 8).

Strategies to combat offence, disturbance or inconvenience 7.7 With reference to this point in the PIA Policy79 the Applicant has identified the following strategies in its proposal that will actively operate to combat potential offence, disturbance or inconvenience:

7.7.1 Ensuring that the strategies designed to minimise harm and ill-health referred to earlier on in this PIA are capable of implementation.

7.7.2 Implementing a pro-active approach to managing such issues through liaising with neighbouring businesses as and when it may be required and monitoring how Pirate Life Perth is operating within the area and being received by the occupants of neighbouring properties.

7.7.3 Giving clear instructions to staff to closely monitor noise and patron behaviour and to quickly address any situation which could, potentially, result in offence, disturbance or inconvenience to the Locality.

8 Tourism, community or cultural matters – section 38(4)(ca)

8.1 As previously mentioned, Pirate Life Perth stands to bring many positive benefits to the tourism industry. According to the letter of support provided by Tourism WA:80

8.1.1 Andy Freeman’s venues are used by Tourism WA to display the very best that WA has to offer;

8.1.2 Pirate Life Perth will provide an enhanced experience to visitors;

79 https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy

80 DOC 16.2

Public Interest Assessment Pirate Life Perth

8.1.3 Pirate Life Perth will add diversity and vibrancy to locals and visitors alike; and

8.1.4 Pirate Life Perth will make an important contribution to tourism in WA.

8.2 The following extract is taken from the City of Perth’s website:81

8.3 However, it has been well reported that the CBD has struggled in recent times to attract people into the City. In fact, the state of the CBD has become such an issue that the City of Perth has had to implement a series of plans in an effort to support the CBD’s core retail precinct.82

8.4 It has been reported that one in five shops are empty in the CBD and the dire situation has been described as being the worst in decades.83

8.5 Given the dire inner city situation, bold new initiatives such as Pirate Life Perth should not only be encouraged, they should be supported. The significant investment to transform this currently vacant site into a high quality hospitality establishment is exactly the kind of revitalisation that is going to be helpful to the broader community in order to attract people back into the CBD.

81 https://www.perth.wa.gov.au/future-perth/the-lifestyle-city

82 https://www.perth.wa.gov.au/news-and-updates/all-news/cbd-revitalisation-plans Accessed 20 August 2019 (DOC 37)

83 https://www.perthnow.com.au/politics/local-government/perth-city-retailers-say-trading-conditions-the-worst-in-decades-ng- b881256842z Accessed 20 August 2019 (DOC 38)

Public Interest Assessment Pirate Life Perth

8.6 The State Government has been committed to boosting Western Australia’s interstate and international tourist markets. It launched a Two-Year Action Plan84 in early 2018. “The plan focuses on four key areas that will help drive visitation, including positioning the State as Australia’s western gateway; changing perceptions of Perth and reigniting the east coast market; attracting more people, more often to regional WA; and intensifying promotional activity in target markets to encourage travel.”85

8.7 It was announced in March 2019 that the State Government would inject a further $12 million to promote Western Australia to international markets. The funds would assist with marketing efforts including “partnering with airlines, overseas travel companies, online travel agencies and inbound tour operators on joint co-operative marketing campaigns; and entering partnerships with key Perth hotels for stopover programs.”86

8.8 The establishment of Pirate Life Perth is certainly aligned with the State Government’s vision of expanding the tourism industry as craft breweries are recognised as key contributors to the Western Australian tourist experience. For example, tourism website Destination Perth has dedicated an article to listing and detailing the best local breweries in Perth, Fremantle and the Swan Valley.87 Pirate Life Perth will no doubt be added to this list if it is granted a licence and becomes operational.

8.9 Furthermore, craft beer tourism is quickly becoming recognised by tourism bodies as a new medium through which to attract tourists to certain locations.88 The “Just Another Day in WA” website also dedicates an article to craft breweries and where to find them in Perth.89 Indeed, Edith Cowan University researchers believe Western Australia’s future success as a premium tourist destination lies in embracing craft beer.90

8.10 Many of those persons and organisations that wrote letters of support believed the application would have a beneficial effect on tourism in the CBD including the City of Perth. Some of the comments are provided below:

84 https://www.tourism.wa.gov.au/Publications%20Library/About%20Us/Two%20Year%20Action%20Plan.PDF

85 https://www.mediastatements.wa.gov.au/Pages/McGowan/2018/03/Two-year-action-plan-to-grow-tourism-in-Western- Australia.aspx

86 https://www.mediastatements.wa.gov.au/Pages/McGowan/2019/03/12-million-dollar-boost-to-promote-WA-to-international- holiday-makers.aspx

87 https://www.experienceperth.com/article/thu-10182018-1632/our-favourite-breweries-and-around-perth

88 https://www.brewsnews.com.au/2018/09/17/tourism-bodies-are-waking-up-to-australian-craft/ Accessed 20 August 2019 (DOC 40)

89 https://justanotherday.westernaustralia.com/feature/perths-best-craft-beers-and-where-to-find-them/ Accessed 20 August 2019 (DOC 41)

90 https://www.watoday.com.au/national/western-australia/craft-beer-could-be-key-to-wa-tourism-success-ecu-researchers- 20180305-h0x0v8.html Accessed 20 August 2019 (DOC 42)

Public Interest Assessment Pirate Life Perth

8.10.1 “The venue will generate dozens of hospitality jobs in the city, support domestic and international tourism in Perth, and support the City’s endeavours to sustain and enhance the night-time economy in the CBD.” City of Perth

8.10.2 “We strongly support the application by this proven, successful professional which will enhance the development of the liquor, hospitality and tourism industry in WA, which will certainly be a positive addition to the tourism and entertainment precinct in the Perth CBD.” Australian Hotels Association (WA)

8.10.3 “In my experience, tourists staying at the CBD Hotels are often looking for close amenities and dining outlets. This new venture would be a welcome addition to the current City offerings.” Westin Perth

8.11 Relevantly, the vast majority of the 473 respondents to the online questionnaire have indicated that they believe Pirate Life Perth will beneficial to the local tourism industry as set out below.

8.12 Indeed, the South Australian government has clearly seen the benefit that such operations can bring in terms of both tourism and jobs. The South Australian government supported the construction of Pirate Life’s Port Adelaide premises because according to then South Australian Premier Jay Weatherill91:

Importantly, this new premises will create more than 80 local jobs. Jobs are the State Labor Government’s number one priority, which is why we are investing in projects such as this one. After a few false starts, the Port has entered a new golden era.

Pirate Life will be a key tourism drawcard for the Port, and I look forward to seeing the company achieve their goal of becoming one of Australia’s largest craft breweries.

91 https://www.theshout.com.au/news/sa-government-backs-pirate-lifes-new-brewery/ Accessed 19 August 2019

Public Interest Assessment Pirate Life Perth

8.13 Having more quality food and beverage options also benefits the local community. Residents and workers in the Locality will enjoy a further diversification of the dining, drinking and socialising scene in Perth which is entirely consistent with some of the objects of the Act.

9 Extended trading permit

9.1 The licensing authority’s Extended Trading Permit – Ongoing and Indefinite Policy states that applications for permits issued under section 60(4)(g) of the Act will be considered in conjunction with a licence application.

9.2 Whilst this particular Applicant cannot demonstrate a trading history at this site, the Applicant director is highly experienced at operating venues with extended trading permits authorising ongoing hours (ETP). All of Andy Freeman’s current venues operate with ETPs authorising later trade. None of those venues are known to have caused any offence, annoyance, disturbance or inconvenience to any surrounding residents or businesses. Nor have any of those venues been known to contribute to alcohol-related harm or ill-health.

9.3 Mr Freeman’s experience in operating venues with ETPs authorising later trade without incident or issue is a highly relevant factor to be taken into account by the licensing authority when determining whether the grant of this ETP is in the public interest.92 Perhaps most relevant to this issue is the fact that both Hadiqa and Goody Two’s operate with ETPs in close proximity to the Westin Hotel. Not only have these venues not caused any issues for the hotel, the General Manager of the Westin has in fact written a letter in support of this current application. Clearly, if these venues operating late into the night were causing any issues in terms of noise or annoyance, Mr Brampton would not have provided a glowing letter in support stating:93

Mr Freeman has demonstrated his ability to create and operate quality, world-class venues within Hibernian Place, with both the Hadiqa Rooftop Restaurant & Bar, and the Goodie Two’s Club. We have not experienced any noise or venue issues. Feedback on both these venues from our Hotel Guests has always been positive, and I would expect the same positive comments from the new Murray Street venue.

9.4 In terms of the objectives of the Act as it relates to the extended trading permit, the following comments are made:

9.4.1 Section 5(1)(a):

(a) The grant of an ETP is appropriate given the intended manner of trade as the premise will:

(i) be of a very high standard;

92 Woolworths Ltd v Director of Liquor Licensing (2013) 45 WAR 446 [76] (Buss JA)

93 DOC 16.5

Public Interest Assessment Pirate Life Perth

(ii) be located in the CBD; and

(iii) be consistent with other inner city venues that have sought and been granted ETPs authorising trade until 1 and 2am.

(b) The operator will ensure that every effort is made to operate the venue in a most responsible manner and in compliance with the Act for the betterment of Murray Street.

9.4.2 Section 5(1)(b):

(a) As to section 5(1)(b) of the Act, the grant of the ETP will minimise any harm or ill-health caused to people, or any group of people, due to the use of liquor for the following reasons:

(i) The premise will be custom built, designed by experts and will assist with the rejuvenation and reactivation of Murray Street.

(ii) Food will be available during the ETP trading hours which means the premises will not operate like a traditional vertical drinking facility focussed on heavy liquor consumption.

(iii) Substantial seating will be provided at all times during the ETP hours, except for some pre-arranged functions and events.

(iv) The Applicant director has completed the appropriate training courses and is a very experienced operator of licensed premises. Andy Freeman has operated, and continues to operate, numerous CBD venues with late night trading hours.

(v) The venue is not situated in a low socio-economic area or within an area of the City that is currently considered to be problematic from an alcohol-related harm or ill- health perspective.

(vi) The management team has developed extensive policies to mitigate against the risk of any harm or ill health flowing from the operations of the premise (DOC 8).

(vii) CCTV will operate throughout the venue during the ETP hours.

Public Interest Assessment Pirate Life Perth

9.4.3 Section 5(1)(c):

(a) As to section 5(1)(c) of the Act, the grant of the ETP will cater for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State for the following reasons:

(i) Feedback from a significant section of the public establishes that there is a clear requirement for the type of venue which is proposed and the types of services it will offer. 99% of respondents to the Survey supported the tavern licence application, 99% of respondents to the Survey anticipated attending the venue and 92% of respondents to the Survey indicated that they were likely to attend the tavern on at least a monthly basis94.

(b) 99% of respondents to the Survey indicated that they were supportive of the later hours.95

(c) 90% of respondents to the online questionnaire would like the opportunity to stay at the venue later into the evening, beyond midnight, if they were attending a function at the venue.96

(d) 95% of respondents did not believe that there was a sufficient diversity of high quality establishments available after midnight in the western end of Murray Street.97

(e) The extensive and voluminous evidence provided by the Applicant from a wide cross section of the community, not only endorses the project but demonstrates a large number of people will be likely patronise the venue during the ETP hours if granted.

(f) The venue will clearly assist with the proper development of tourism industry in this State for three overriding reasons:

(i) “Bars and Restaurants” are considered “Key Pieces” of the tourism puzzle according to the Tourism Council of Western Australia. Pirate Life Perth will make a significant contribution as it has brought a renowned craft brewery brand into the CBD, add much needed vibrancy to this section of the CBD through the

94 DOC 14 Qns 1 & 2

95 DOC 14 Qn 7

96 DOC 14 Qn 9

97 DOC 14 Qn 17

Public Interest Assessment Pirate Life Perth

introduction of a unique licensed premises and its location at the western end of Murray Street will suit persons attending events at Perth Arena.

(ii) 97% of respondents to the Survey indicated that the venue is likely to have a positive effect on the amenity.

(iii) The hospitality industry more broadly will benefit from the opening of Pirate Life Perth, particularly in this location which previously lacked vibrancy. This area of the CBD has been in need of activation for quite some time.

(g) The results of online questionnaire provide the licensing authority with evidence from a representative sample of the public as to the requirements of consumers for liquor and related services during the ETP hours as seen below.

(h) The results of the online questionnaire provide clear, objective evidence that Pirate Life Perth is highly likely to cater for the requierments of consumers for liquor and related services during the ETP hours.

9.5 In terms of the ETP and the public interest, it is also highly relevant to consider the need to ensure that the City maintains a vibrant night time economy. A Night Time Economy (NTE) is an “integral part of a city’s commercial, cultural and social fabric”98. Chair of the Council of Capital City Lord Mayors’ and Lord Mayor of Adelaide, Mr Martin Haese, was quoted in a media release saying:

The NTE is providing a revenue stream and employment opportunities which, when supported by an appropriate operating environment, encourages the creation of businesses which develop and flourish. 99

98 http://safecities.net.au/night-time-economy/

99 ‘Night Time Economy shows value as an economic driver’, dated 20 February 2015 (http://lordmayors.org/site/?p=636)

Public Interest Assessment Pirate Life Perth

9.6 NTEs have been identified as valuable to tourism, employment and community. The Pirate Life Perth ETP application, if granted, will make a tangible contribution to the important NTE of Perth.

9.7 In Western Australia, NTE sales revenue represented 10.8% of all of the State’s revenue in 2013 and the NTE (core and supply chain) employment represented 25.9% of all of the State’s employment in 2013.100

9.8 Research in other Australian capital cities has found that “the NTE is a key attractor for overseas visitors, as well as being an important asset for local residents and workers in the City”.101

9.9 Further, community research and consultation has found that “people didn’t want ‘big’ to be the only option and felt smaller venues provided a space to be able to talk, drink and eat in an intimate setting where older people were more comfortable. People wanted well designed venues with interesting spaces to encourage socialising”.102 Pirate Life Perth, whilst ‘big’ in terms of the overall floor plan, is broken down into smaller, discrete spaces. Importantly, with an internationally renowned designer (Stickman Tribe) responsible for the internal layout, Pirate Life Perth will certainly be a well designed and interesting space for socialising.

9.10 A diversity in recreational and cultural hospitality options in the NTE has also been found to have benefits in terms of safety, harm and ill-health:103

…it is widely assumed that the very presence of socially and culturally diverse crowds may serve to ‘normalise’ the on-street environment…” A good example of this is Sydney Festival First Night or New Years Eve, when there are diverse crowds on the streets but few serious crimes. There is a strong police presence on both nights, but not enough to account for all the good behaviour.”

9.11 The need for the Pirate Life Perth ETP to support the night time economy of Perth is evidenced in the following published research:

9.11.1 “…it is evident that in Australia and elsewhere, the range of activities and experiences within the night-time economy are important in terms of the expression and development of urban lifestyles and city identity, as well as investment, employment and consumer spending. Furthermore, this night- time cultural economy and its local stimulation have been viewed as very

100 The Australian Night Time Economy and the NTE Economic Performance of Key LGAs 2009 to 2013 (4 February 2015), http://lordmayors.org/site/wp-content/uploads/2015/02/PN041230_TheAustralianNTE_vFinal.pdf at pages 27 and 28)

101 Late Night Management Areas Research – Phase 3 Report, City of Sydney, December 2013 at page 4, http://www.cityofsydney.nsw.gov.au/__data/assets/pdf_file/0014/200129/Late-Night-Management-Areas-Research-Phase-3- report-December-2012.PDF

102 Ibid at page 19

103 Ibid at page 21

Public Interest Assessment Pirate Life Perth

successful mechanisms for revitalising towns and cities once dependent on manufacturing and heavy industry.”104

9.11.2 “Attracting people to the reimaged city centre for a range of social and cultural practices is regarded as essential to balance disorderly night-time activity.”105

9.11.3 “Councils and other authorities frequently adopt a ‘law and order’ approach to night-time urban safety, but the evidence suggests that the innovative use of cultural activities and programs, including imaginative lighting, urban animation through such initiatives as staggered shopping and business hours, and (where possible) programs of entertainment and events, are more likely to discourage crime than an increased police presence.”106

9.12 Pirate Life Perth will indeed provide diversity in terms of the types of people that will be in the city late at night. It will provide a unique, high quality offering that is desired by the public as is evident from the graph below. The approval of the ETP application will facilitate a greater diversity in terms of the types of people engaging in Perth’s NTE.

9.13 It is also very relevant to consider changes to the times when the public require licensed bar services. “The de-regulation of the labour market has progressively replaced day (and sometimes night) shift work with multiple working rhythms – task oriented, contractual, casual and so on, producing new leisure needs and different times for recreation.”107

104 David Rowe, Deborah Stevenson, Stephen Tomsen, Nathaniel Bavinton and Kylie Brass, ‘The City After Dark: Cultural Planning and Governance of the Night-time Economy in Parramatta’ (October 2008) at page 11, https://www.westernsydney.edu.au/__data/assets/pdf_file/0011/47000/City_After_Dark.pdf

105 Ibid page 12

106 Ibid at page 32

107 David Rowe, ‘On The Bounce: The Challenge of the Night-Time Economy’, 15 December 2004, at page 5 - http://apo.org.au/files/Resource/on_the_bounce.pdf

Public Interest Assessment Pirate Life Perth

9.14 With regard to the above:108

One of the most influential works on this subject is a book by Ken Worpole published in the early 1900s called Towns for People. In this book Worpole (1992) argues that, in order to address the changes that have occurred in work and leisure in the city over the last several decades, we need to change fundamentally the way that we think about time and public culture and their relationship. He uses the notion of ‘time-shifting’ to describe a process of moving/altering the times of activities to ensure that activities in the city occur at times that better coincide with people’s needs and interests, and will help to generate a critical mass of activity. He argues that changing the way we think about what happens in the city at different times is the only way to ensure that places don’t become desolate and dangerous, particularly at night.

9.15 The following circumstances clearly suggest that when city workers leave their offices to go to licensed premises they do not arrive until quite late:

9.15.1 Average working hours have increased in recent years109 with the “professional” industries being the prevalent source of longer working days.110

9.15.2 “One in five Australians work more than 50 hours per week.”111

9.15.3 “West Australians work the longest hours in the country according to a national survey.”112

9.16 It is clear that a strong and active hospitality scene is a key driver of tourism in the CBD. It is therefore important that projects such as this unique venue are supported by all levels of government. Tourism WA has stated has follows with respect to the Pirate Life Perth application (DOC 16.2):

Tourism WA is pleased to offer his (sic) letter of support to the Department of Local Government, Sport and Cultural Industries on the basis that PLP [Pirate Life Perth] would make an important contribution to both the day and night time economy of the City of Perth and to tourism in WA.

9.17 It is relevant to note that Sydney’s controversial lockout laws have been criticised for ruining Sydney’s NTE and has led to closure of many hospitality venues across the New South Wales CBD. Indeed, the NSW Government is now in the process of repealing those laws in an attempt to boost Sydney’s night-time economy.113

108 Ibid at page 14

109 ‘Extended Working Hours Review’, Final report: 27 February 2004, at page 7, http://www.humanrights.gov.au/sites/default/files/content/sex_discrimination/publication/strikingbalance/submissions/167.pdf

110 Ibid at pages 12 and 18

111 http://www.smh.com.au/business/clevel/a-long-work-hours-culture-20091125-jrbw.html

112 http://www.watoday.com.au/wa-news/wa-has-longest-working-week-survey-20111116-1nj5f.html

113 https://www.smh.com.au/national/nsw/no-shots-after-midnight-and-other-drinking-laws-to-be-ditched-in-lockout-overhaul- 20190920-p52thl.html Accessed 24 September 2019

Public Interest Assessment Pirate Life Perth

10 Other matters

Security and safety 10.1 Matters of safety and security at Pirate Life Perth have been comprehensively addressed and will be of utmost priority. Measures have been proposed to be implemented by the Applicant inside the premises and around its perimeter.

10.2 The main criteria in the Crime Prevention through Environmental Design referred to in the PIA Policy are thoroughly addressed by the Pirate Life Perth proposal. This has been achieved by way of the following:

10.2.1 Maximising the risk to offenders and the amount of effort to commit crime by installing appropriate perimeter lighting and closed circuit television systems.

10.2.2 Minimising the actual or perceived benefits of crime by not leaving cash on the premises unattended.

10.2.3 Ensuring the premises is securely locked at night.

10.2.4 Installing clear external signage for the premises.

10.3 The design and layout of the premises will enable a high level of visual surveillance for the licensee and its staff.

10.4 The Applicant intends to provide licensed crowd controllers as and when required. Mr Freeman has a proven track record of engaging licensed crowd controllers at his venues even if the licence does not require it. Mr Freeman intends to continue this practice at Pirate Life Perth. It is for this reason, as well as the fact that the entire premises will be monitored by CCTV cameras, that the Applicant requests that no trading condition be placed on the licence requiring licensed crowd controllers to be engaged in an arbitrary manner. As an experienced, professional and responsible operated of many licensed premises, Mr Freeman can be relied upon to engage crowd controllers at Pirate Life Perth as and when necessary.

10.5 Mr Freeman’s responsible approach to venue management is set out in the letter from Vault Protective Security Services which is comprehensive and detailed. Vault provides security services at Mr Freeman’s other licensed premises and some of the relevant comments are set out below.114

VPSS commenced services with the Sneakers & Jeans Group on 7th December 2018. To date, we have found the Sneakers and Jeans business to be one of the leading and most established hospitality groups. The business demonstrates a high level of professionalism, care and safety towards its staff, contractors and most importantly customers / guests.

114 DOC 16.7

Public Interest Assessment Pirate Life Perth

From our experience, we would consider the Sneakers and Jeans group to be low risk from an operational security perspective. To date, we have seen a very limited number of incidents or issues related to liquor control, disorderly behaviour or personal harm / injury. We would suggest this is contributed to the engagement level provided by Venue Management to customers. The Sneakers and Jeans group take an alternate approach to managing customer behaviour and have established procedures whereby the management team provide early engagement to customers on any behavioural related concerns. The experience level of the Management team and their approach to dealing with issues has significantly reduced and in some instances removed the need for Crowd Control intervention in comparison to other venues of a similar size and capacity across our current portfolio.

Sneakers & Jeans venues generally attract an up market / quality demographics to their establishments. Our staff see a consistent trend in customer base across all venues on a regular basis, with general patron behaviour being demonstrated as mature, sensible, well behaved and presentable. Sneakers & Jeans have a good following in the market with a large number of regular customers that frequent multiple venues (which is part of their brand strategy that we have been privy to) within the group’s portfolio. The Venue Management team seem to know most regulars by name and have a positive rapport.

Most of the Sneakers and Jeans venues operate beyond midnight and are generally well patronised after this time. The operations beyond midnight are well controlled and patrons continue to display responsible and mature behaviours past this point. Sneakers and Jeans are a safety conscious business. This ethos is demonstrated by their management team and is shared culturally with other members the team. We have been a part of, delivered and witnessed regular training and development to employees on Responsible Service of Alcohol, Conflict Resolution & De-escalation and Duty of Care which puts their staff in good stead to deal with and respond to issues and concerns within the venue.

The current Sneakers and Jeans portfolio does not require that all their venues have Crowd Controllers as a part of there (sic) licence conditions. The Sneakers and Jeans Management team however regularly engage with Vault Protective Security Services on security requirements for these venues, as and when required. Both businesses work together to identify what requirements are needed (in the event there is a requirement) based on event type, capacity, demographics and surrounding environmental conditions. The Sneakers and Jeans business has always put customer safety as the priority for any decision making when it comes to adopting or implementing security measures.

10.6 In light of the above and the other proposed trading conditions, the Applicant respectfully requests that no trading condition be placed on the licence, should the application be granted, with respect to licensed crowd controllers.

11 Conclusion

11.1 This document thoroughly addresses all aspects of the PIA Policy with specific reference to the application.

11.2 The Applicant has provided a detailed proposal including necessary formalities and a large volume of evidence from various sections of the community.

Public Interest Assessment Pirate Life Perth

11.3 This PIA deals with all factors relevant to the public interest after careful consideration has clearly been given by the Applicant to all public interest factors. As required, the Applicant has identified the relevant at risk groups and also both positive and negative points associated with the proposal.

11.4 The large number of positive public interest factors in this case far outweigh the few negatives which are inevitable with the grant of any additional licence. In any event, all perceived negatives have been carefully addressed by the Applicant in the proposal.

11.5 Given all relevant considerations the application is not complicated in any way and should not attract any controversy.

11.6 Based on the evidence, it is clearly open to the licensing authority to find as follows:

11.6.1 The grant of the licence will be a proper act of regulation as the appropriate licence will be granted to the Applicant. The licence will ensure the premises are subject to the Act.

11.6.2 The grant of the licence will ensure that harm and ill-health is minimised for the following reasons:

(a) The premises will be operated by an experienced hospitality professional who has an excellent reputation for responsibly managing venues in the Locality;

(b) The Applicant will implement policies and procedures that have been tried and tested and proven to work;

(d) A significant amount of seating will be provided at the venue;

(e) Liquor is not the sole purpose for attending the premises with merchandise available, art installations, tasting and educational sessions as well as the quality food; and

(f) The members of the public who completed the survey did not believe that the premises would be likely to cause any harm or ill- health to themselves.

11.6.3 In terms of the requirements of consumers for liquor, the evidence establishes that:

(a) Craft beer is very popular in Western Australia;

(b) Pirate Life beer is very popular in Western Australia;

(c) Given the Applicant directors significant experience in the West Australian hospitality industry, Mr Freeman is well placed to

Public Interest Assessment Pirate Life Perth

assess requirements of consumers for liquor and whether this proposal will respond to those requirements;

(d) There is a very high level of support for the project from the public;

(e) The venue is highly likely to be very popular with patrons attending the premises on a regular basis;

(f) The premises are likely to be used to host events and functions on regular basis;

(g) Members of the public believe that Pirate Life Perth will be a unique venue that is different any other licensed premises in Perth;

(h) Pirate Life Perth is expected to have a most positive affect on tourism in the CBD;

(i) Pirate Life Perth is likely to revitalise and reactivate the western end of Murray Street;

(j) Pirate Life Perth will provide a much needed additional service and facility and

(k) There is strong support and justification for all of the hours of trade being requested.

11.7 In light of the above, it is well and truly open to the licensing authority to find that the grant of the licence is in the public interest and both the licence and ETP should be granted. The Applicant invites the licensing authority to so find.

Dated 17 October 2019

______Lavan Lawyers for the Applicant Reference : Alec Weston [email protected] T: (08) 9288 6873 www.lavan.com.au

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